Deepshikha G. Srivastava v. ACIT, Central Circle-41, Mumbai
[Citation -2016-LL-1017-74]

Citation 2016-LL-1017-74
Appellant Name Deepshikha G. Srivastava
Respondent Name ACIT, Central Circle-41, Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 17/10/2016
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags opportunity of being heard
Bot Summary: Counsel for the assessee, filed a letter explaining that the assessee could not defend her case properly on account of continued illness, untimely death of her previous CA, Mr. Khanna, to whom the matter was assigned. The assessee has also filed affidavit in this respect stating the reasons as explained before us. It was contended that if opportunity is given, the assessee is in position to substantiate her claim. DR though defended the impugned order but under the circumstances narrated by the assessee did not object if the matter is again remanded to the file of the ld. Without going into much deliberation, considering the explanation of the assessee, supported by an affidavit, by taking a lenient view, we remand this appeal to the file of the Assessing Officer to adjudicate afresh in accordance with law. Due opportunity of being heard be provided to the assessee the appeal of the assessee is allowed for statistical purposes only. Finally, the appeal of the assessee is allowed for statistical purposes only.


IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, I MUMBAI Before Shri Joginder Singh, Judicial Member, and Shri Manoj Kumar Aggarwal, Accountant Member ITA No.2218/Mum/2015 Assessment Year: 2006-07 Smt. Deepshikha G. ACIT, Srivastava, Central Circle-41, Unit No.008, Citi Mall, Aayakar Bhavan, Gr. Floor, Link Road, Vs. Churchgate, Andheri West, Mumbai-400020 Mumbai-400053 (Assessee) (Revenue) PAN. No.AGGPS7552R Assessee by Shri Dinesh H. Aggarwal Revenue by Shri K. Mohandas-DR Date of Hearing : 17/10/2016 Date of Order: 17/10/2016 2 ITA No.2218/Mum/2015 Smt. Deepshikha G. Srivastava O R D E R Per Joginder Singh(Judicial Member) assessee is aggrieved by impugned order dated 12/11/2014 of ld. First Appellate Authority, Mumbai, on grounds as stated in grounds of appeal. 2. During hearing, Shri Dinesh Aggarwal, ld. counsel for assessee, filed letter explaining that assessee could not defend her case properly on account of continued illness, untimely death (due to blood cancer) of her previous CA, Mr. Khanna, to whom matter was assigned. assessee has also filed affidavit in this respect stating reasons as explained before us. It was contended that if opportunity is given, assessee is in position to substantiate her claim. ld. DR though defended impugned order but under circumstances narrated by assessee did not object if matter is again remanded to file of ld. Assessing Officer. 2.1. We have considered rival submissions and perused material available on record. Without going into much deliberation, considering explanation of assessee, supported by affidavit, by taking lenient view, we remand this appeal to file of Assessing Officer to adjudicate afresh in accordance with law. Even otherwise, mandate of Constitution is to levy and collect due 3 ITA No.2218/Mum/2015 Smt. Deepshikha G. Srivastava taxes. Due opportunity of being heard be provided to assessee, therefore, appeal of assessee is allowed for statistical purposes only. Finally, appeal of assessee is allowed for statistical purposes only. This order was pronounced in open court in presence of ld. representatives from both sides at conclusion of hearing on 17/10/2016. Sd/- Sd/- (Manoj Kumar Aggarwal) (Joginder Singh) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated : 17/10/2016 P.S/. . . Copy of Order forwarded to : 1. Appellant (Respective assessee) 2. Respondent. 3. ( ) / CIT, Mumbai. 4. CIT(A)- Mumbai, 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai Deepshikha G. Srivastava v. ACIT, Central Circle-41, Mumbai
Report Error