Vallabh Hirji Patel v. Income-tax Officer-25(1)(2), Mumbai
[Citation -2016-LL-0921-112]

Citation 2016-LL-0921-112
Appellant Name Vallabh Hirji Patel
Respondent Name Income-tax Officer-25(1)(2), Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 21/09/2016
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags opportunity of being heard • pooja
Bot Summary: Nonr Date of hearing 21-09-2016 Date of pronouncement 21-09-2016 ORDER PER MANOJ KUMAR AGGARWAL : The instant appeal has been filed by the assessee for Assessment Year AY 2009-10 assailing the order of the Commissioner of Income Tax-35 CIT(A), Mumbai dated 18.03.2014 primarily on the ground that adequate opportunity of being heard has not been given to the assessee. The assessee has also assailed confirmation of addition under section 68 of the Income Tax act 1961 on merits. Facts in brief, are that the assessee is a resident individual who filed its return of income for AY 2009-10 declaring total income at Rs.5,91,902/- which was processed under Section 143(3) vide Assessing Officer order dated 08.12.2011. The assessee preferred appeal before CIT(A) but the same was dismissed ex-parte vide order dated 18.03.2014. 2 Further, the primary grievance of the assessee is that adequate opportunity of being heard has not been provided at the appellate stage so as to contest the impugned additions. The assessee is hereby directed to cooperate in the proceedings before lower authorities and promptly respond to the notices and provide information documents called for failing which it shall be open for the CIT(A) to dispose-off the appeal on merits on the basis of material and documents as available on record. The appeal of the assessee is allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ITA No. 4 048 /Mu m/2015 (A Y: 2 009-20 10) MR. VALLABH HIRJI PATEL Vs. INCOME TAX OFFICER A/101,Safe Field, Anand Nagar, 25 (1 )(2 ), C.S. Road, Dahisar (E), Pratykashkar Bhavan , Mumbai 400 068. Bandra Kurla Complex, Bandra(E), Mumbai 400051 . PAN: AAJPP4325Q Appellant .. Respondent Revenue by .. Shri C.S. Sharma Assessee by .. Nonr Date of hearing 21-09-2016 Date of pronouncement 21-09-2016 ORDER PER MANOJ KUMAR AGGARWAL (AM) : instant appeal has been filed by assessee for Assessment Year [AY] 2009-10 assailing order of Commissioner of Income Tax (Appeals)-35 [CIT(A)], Mumbai dated 18.03.2014 primarily on ground that adequate opportunity of being heard has not been given to assessee. assessee has also assailed confirmation of addition under section 68 of Income Tax act 1961 on merits. 2. Facts in brief, are that assessee is resident individual who filed its return of income for AY 2009-10 declaring total income at Rs.5,91,902/- which was processed under Section 143(3) vide Assessing Officer order dated 08.12.2011. income was recomputed at Rs.15,93,090/- after making certain additions relating to cash credits. assessee preferred appeal before CIT(A) but same was dismissed ex-parte vide order dated 18.03.2014. Aggrieved, assessee is in appeal before us. 3. None has appeared on behalf of assessee. It has been noticed that appeal has been filed with delay of 405 days and assessee has requested for condonation of same vide its letter dated 23.06.2015 on following ground:- I m illiterate assessee having agriculture income and living most of time in my village. My income tax matter was handled by ITP (income tax practitioner), and all time when I received any notice from Department handed over to ITP. I am not having sufficient knowledge about tax regime. 2 Further, primary grievance of assessee is that adequate opportunity of being heard has not been provided at appellate stage so as to contest impugned additions. 4. Therefore, on facts and circumstances of case and in interest of Justice, delay is condoned and appeal is admitted on merits. Consequently, we deem it fit to restore matter back to file of CIT(A) to provide another opportunity to assessee to present his case. assessee is hereby directed to cooperate in proceedings before lower authorities and promptly respond to notices and provide information documents called for failing which it shall be open for CIT(A) to dispose-off appeal on merits on basis of material and documents as available on record. 5. appeal of assessee is allowed for statistical purposes. Order pronounced in open court on 21/09/2016 Sd/- Sd/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 21/09/2016 PS:- Pooja K. Copy of Order forwarded to: 1. Appellant 2. Respondent. 3. CIT (A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy// BY ORDER, Assistant Registrar ITAT, MUMBAI Vallabh Hirji Patel v. Income-tax Officer-25(1)(2), Mumbai
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