M/S Prime Housewares Ltd v. Commissioner Of Incometax City Iv & Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.737 OF 2007 M/s Prime Housewares Ltd..Appellant Vs. 1. Commissioner of IncomeTax city IV & ors...Respondents Mr.P.R.Toprani for AppellantMs.P.P.Bhosale for Respondents 1. Heard learned counsel for the appellant andlearned counsel for the respondents.Ms.P.P.Bhosale undertakes to file vakalatnama inthe above matter within a period of two weeks fromtoday. Undertaking accepted. 2. We have perused the order of the tribunal dt.26.10.2006. We find that the tribunal has decidedthe matter ex parte. Even though a letter wasfiled by the Assessee’s C.A. seeking a shortadjournment, the tribunal proceeded to decide onlyon the basis of our judgment in Indian Rayon Corpnvs CIT (261 ITR 98). Mr.Toprani stronglycontended that the said judgment strictly does notapply to the facts and circumstances of the abovecase and the assessee was not afforded an opportunity of fair hearing to point the samebefore the tribunal. 3. Under these circumstances, we are inclined toquash and set aside the order dt. 26.10.2006 onlyon this limited ground and remand the matter backto the I.T.A.T. to hear the above appeal strictlyon its own merits and in accordance with law. Appeal stands disposed of accordingly. {A.V.Nirgude, } (Dr.S.Radhakrishnan, J}