ACIT 18(2), Mumbai v. Suresh Sadashiv Bapat
[Citation -2016-LL-1018-43]

Citation 2016-LL-1018-43
Appellant Name ACIT 18(2), Mumbai
Respondent Name Suresh Sadashiv Bapat
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 18/10/2016
Assessment Year 2004-05
Judgment View Judgment
Keyword Tags custom duty • avoidance of tax
Bot Summary: PAN No.AAHPB4402A Assessee by None Department by Shri Nitin Waghmode Date of Hearing 18.10.2016 Date of Pronouncement 18.10.2016 ORDER Per B.R. Baskaran :- The revenue has filed this appeal challenging the order dated 29-02-2012 passed by Ld CIT(A)-29, Mumbai and it relates to the assessment year 2004-05. None appeared on behalf of the assessee even though the hearing was adjourned on the last occasion at the request of the assessee. Hence we proceed to dispose of the appeal ex-parte, without the presence of the assessee. The Ld D.R submitted that the Ld CIT(A) has admitted the additional evidences furnished by the assessee before him. Even though the Ld CIT(A) has called for a remand report from the AO, yet he passed the order without waiting for the remand report. We have gone through the order passed by Ld CIT(A) and we find merit in the contentions of the Ld D.R. Accordingly we are of the view that all the issues need to be set aside to the file of the AO for examining them afresh by duly considering the evidences furnished by the assessee. Accordingly we set aside the order passed by Ld CIT(A) on the issues contested by the revenue and restore them to the file of the AO for examining them afresh by duly considering the evidences that were/may be filed by the assessee.


IN INCOME TAX APPELLATE TRIBUNAL E Bench, Mumbai Before Shri B.R. Baskaran (AM)& Ramlal Negi (JM) I.T.A. No. 2894/Mum/2012 (Assessment Year 2004-05) ACIT 18(2) Shri Suresh Sadashiv Room No. 115 Vs. Bapat 1 s t Floor B-19 Sukhshanti Pirmal chambers Gokhale X Road No. 2 Parel Dadar Mumbai-400 012. Mumbai-400 025. (Appellant) (Respondent) PAN No.AAHPB4402A Assessee by None Department by Shri Nitin Waghmode Date of Hearing 18.10.2016 Date of Pronouncement 18.10.2016 ORDER Per B.R. Baskaran (AM) :- revenue has filed this appeal challenging order dated 29-02-2012 passed by Ld CIT(A)-29, Mumbai and it relates to assessment year 2004-05. 2. None appeared on behalf of assessee even though hearing was adjourned on last occasion at request of assessee. Hence we proceed to dispose of appeal ex-parte, without presence of assessee. 3. We heard Ld D.R and perused record. We notice that revenue is contesting order passed by Ld CIT(A) granting relief in respect of following items:- (a) Disallowance of purchases (b) Disallowance of custom duty payment (c) Disallowance u/s 94(7) of Act. 2 Shri Suresh Sadashiv Bapat 4. Ld D.R submitted that Ld CIT(A) has admitted additional evidences furnished by assessee before him. Even though Ld CIT(A) has called for remand report from AO, yet he passed order without waiting for remand report. Accordingly he submitted that there is violation of Rule 46A of I T rules. 5. We have gone through order passed by Ld CIT(A) and we find merit in contentions of Ld D.R. Accordingly we are of view that all issues need to be set aside to file of AO for examining them afresh by duly considering evidences furnished by assessee. Accordingly we set aside order passed by Ld CIT(A) on issues contested by revenue and restore them to file of AO for examining them afresh by duly considering evidences that were/may be filed by assessee. 6. In result, appeal filed by revenue 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 ACIT 18(2), Mumbai v. Suresh Sadashiv Bapat
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