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Income Tax Appellate Tribunal - Mumbai

Ramesh Surendra Agarwal,Mumbai vs Dy. Commissioner Of Income Tax, ... on 23 October, 2024

             IN THE INCOME TAX APPELLATE TRIBUNAL,
                   MUMBAI BENCH "D", MUMBAI


BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER
                        AND
     SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER


                         ITA No.4141/M/2024
                       Assessment Year: 2011-12


   Mr. Ramesh Surendra Agarwal      Dy. Commissioner            of
   607 B Wing, Satelite Gazebo,     Income Tax
   Ghatkopar Link Road,             204/217,
                                Vs.
   Andheri East,                    Aayakar Bhavan,
   Mumbai - 400099                  2nd Floor,
   PAN: ABGPA4814K                  M.K. Road,
                                    Mumbai - 400020
        (Appellant)               (Respondent)

Present for:
Assessee by                    : Ms. Rutu Shah, A.R.
Revenue by                     : Shri Sunny Kachhwaha, Sr. DR

Date of Hearing                : 08.10.2024
Date of Pronouncement          : 23.10.2024


                                 ORDER


Per : Narender Kumar Choudhry, Judicial Member:

This appeal has been preferred by the Assessee against the order dated 20.06.2024, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961 (in short 'the Act') for the A.Y. 2011-12.

Mr. Ramesh Surendra Agarwal

2. In the instant case, the Assessing Officer (AO) vide assessment order dated 19.03.2014 u/s 143(3) of the Act, has made various additions including the amount of Rs.1,25,298/- on account of disallowance of addition of dividend income, Rs.5,52,000/- on account of rental income and Rs.65,48,281/- on account of unexplained cash credit.

3. The Assessee, being aggrieved, chhekgende3d the aforesaid addition by filling first appeal before the Ld. Commissioner on 25.04.2014. As appears in para-no.3 of the impugned order, the appeal filed by the Assessee was taken into consideration in the month of May and June of 2017 and thereafter only on 07.06.2024 i.e. after a gap of 7 years and therefore, this reason seems to be plausible reason for not receiving the notices and/or non-appearance, as claimed by the Assessee. Even we observe that the Ld. Commissioner in the absence of any documentary evidence in support of his claim by the Assessee which he has not filed, decided the appeal of the Assessee inlimine but not in the right perspective of the issues/additions. Hence considering the peculiar facts and circumcises, for the just decision of the case and substantial justice, we are inclined to remand the instant case to the file of the Ld. Commissioner. The Assessee is also directed to comply with the notices and to file the relevant material/documents as would be required by the Ld. Commissioner and in case of subsequent default, we clarify that the Assessee shall not be entitled for any leniency.

4. In the result, the appeal filed by the Assessee is allowed for statistical purposes.

Order pronounced in the open court on 23.10.2024.

          Sd/-                                              Sd/-
(OMKARESHWAR CHIDARA)                           (NARENDER KUMAR CHOUDHRY)
  ACCOUNTANT MEMBER                                JUDICIAL MEMBER
                                  3                        ITA No.4141/M/2024
                                                  Mr. Ramesh Surendra Agarwal




* Kishore, Sr. P.S.


Copy to: The Appellant
         The Respondent
         The CIT, Concerned, Mumbai
         The DR Concerned Bench


//True Copy//


                                           By Order



                            Dy/Asstt. Registrar, ITAT, Mumbai.