Sanofi India Limited (formerly Aventis Pharma Limited) v. DCIT-TDS, Circle 1(1), Mumbai
[Citation -2016-LL-1018-35]

Citation 2016-LL-1018-35
Appellant Name Sanofi India Limited (formerly Aventis Pharma Limited)
Respondent Name DCIT-TDS, Circle 1(1), Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 18/10/2016
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags opportunity of being heard • hospital building • natural justice • default in making payment of tax • deduction of tax at source
Bot Summary: PAN No.AAACH2736F Assessee by None Department by Shri A.K. Kardam Date of Hearing 18.10.2016 Date of Pronouncement 18.10.2016 ORDER Per B.R. Baskaran :- The appeal filed by the assessee is directed against the order dated 4.12.2014 passed by learned CIT(A)-59, Mumbai and it relates to A.Y. 2008-09. None appeared on behalf of the assessee and hence we proceed to dispose of the appeal ex-parte, without presence of the assessee. The appeal filed by the assessee challenging the said order was dismissed by learned CIT(A) ex-parte, since the assessee did not appear before him. We noticed from the order passed by the learned CIT(A) that first appellate authority has given only one opportunity to the assessee, which was not availed by the assessee. From the statement of facts filed before learned CIT(A), we notice that the assessee has brought out certain factual aspects of the matter and they have not been considered by the tax authorities. Accordingly, we set aside the order passed by learned CIT(A) and restore the same to his file with direction to examine the case of the assessee afresh by affording adequate opportunity of being heard to the assessee. In the result, appeal filed by the assessee is treated as allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL E Bench, Mumbai Before Shri B.R. Baskaran (AM)& Ramlal Negi (JM) I.T.A. No. 1212/Mum/2015 (Assessment Year 2008-09) Sanofi India Limited DCIT-TDS (formerly Aventis Pharma Vs. Circle 1(1) Limited) Gauri Devi Mittal 54-A, Aventis House Ayurvedic Sir Mathuradas Vasanji Hospital Building Road 8 t h Floor Chakala, Andheri (East) Charni Road West Mumbai-400 093. Mumbai-400 002. (Appellant) (Respondent) PAN No.AAACH2736F Assessee by None Department by Shri A.K. Kardam Date of Hearing 18.10.2016 Date of Pronouncement 18.10.2016 ORDER Per B.R. Baskaran (AM) :- appeal filed by assessee is directed against order dated 4.12.2014 passed by learned CIT(A)-59, Mumbai and it relates to A.Y. 2008-09. 2. None appeared on behalf of assessee and hence we proceed to dispose of appeal ex-parte, without presence of assessee. 3. We heard learned Departmental Representative and perused record. Assessing Officer has treated assessee in default u/s. 201(1) for remitting TDS amount belatedly. Accordingly he raised demand u/s 201(1) and charged interest u/s 201(1A). appeal filed by assessee challenging said order was dismissed by learned CIT(A) ex-parte, since assessee did not appear before him. 2 S n of i In d i L i m i te d 4. We noticed from order passed by learned CIT(A) that first appellate authority has given only one opportunity to assessee, which was not availed by assessee. From statement of facts filed before learned CIT(A), we notice that assessee has brought out certain factual aspects of matter and they have not been considered by tax authorities. Under these set of facts, in interest of natural justice, we are of view that assessee should be provided with one more opportunity to represent its case. Accordingly, we set aside order passed by learned CIT(A) and restore same to his file with direction to examine case of assessee afresh by affording adequate opportunity of being heard to assessee. 5. In result, appeal filed by assessee is treated as allowed for statistical purposes. Order has been pronounced in Court on 18.10.2016 Sd/- Sd/- (RAMLAL NEGI) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated : 18/10/2016 Copy of Order forwarded to : 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard File. BY ORDER, //True Copy// (Dy./Asstt. Registrar) PS ITAT, Mumbai Sanofi India Limited (formerly Aventis Pharma Limited) v. DCIT-TDS, Circle 1(1), Mumbai
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