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Subhadradevi Daga,4th floor, 18/22, Sheikh Menon Street, Mumbai-02 VS. ITO 14(1)(1),Earnest House, Nariman point, Mumbai-21.
July, 06th 2012
                        IN THE INCOME TAX APPELLATE TRIBUNAL,
                                MUMBAI BENCH I' BENCH

                BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND
                   SHRI N.K.BILLAIYA (ACCOUNTANT MEMBER)

                                   ITA No.2527/Mum/2009
                                 Assessment Year: 2003 -04

Subhadradevi Daga,                       VS ITO 14(1)(1),
4th floor, 18/22, Sheikh Menon              Earnest House, Nariman point,
Street, Mumbai-02                           Mumbai-21.

Pa No.AFFPF 7443 E

(Appellant)                                   (Respondent)


                               Appellant by : Shri Vimal Punmiya
                               Respondent by: Shri Parthararthi Naik

Date of hearing:                13.6.2012
Date of pronouncement:             4.7.2012






                                       ORDER

Per B.R.Mittal, JM:

         The assessee has filed this appeal for assessment year 2003-04 against order
dated 7.1.2009 of ld CIT(A), Mumbai on the following ground:
         "Compensation received from M/s. M.R. & D.R. Thacker towards mental
         stress and hardship faced by your appellant and also on account of loss
         of valuable articles, stamps, chandelier, etc be held as capital receipts in
         nature and not liable to be taxed under provisions of Income Tax Act,
         1961."

2.       At the time of hearing, ld A.R. for the assessee submitted that ld CIT(A) has
passed    exparte order and referred para 4 of the said order.        He submitted that ld
CIT(A) has not considered the entire facts while dismissing the appeal of the assessee.
Ld D.R. submitted that the matter could be restored to the file of ld CIT(A) on the facts
and circumstances of the case.


3.       Considering above submissions of ld representatives of parties that the order of
ld CIT(A) has been passed exparte, we set aside the order of ld CIT(A) and restore the
                                             2                            ITA No.2527/Mum/2009
                                                                       Assessment Year: 2003 -04







appeal to his file to decide the issue afresh after giving due opportunity of hearing to
both the parties and considering such evidences as may be placed before him. Hence,
ground of appeal taken by assessee is allowed for statistical purposes.


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


       Pronounced in the open court on           4th July, 2012


                  Sd/-                                              Sd/-
             (N.K.BILLAIYA)                                    (B.R. MITTAL)
           Accountant Member                                  Judicial Member

Mumbai, Dated        4th July, 2012
Parida

Copy to:
1. The appellant
2. The respondent
3. Commissioner of Income Tax (Appeals),XIV, Mumbai
4. Commissioner of Income Tax, 14, Mumbai
5. Departmental Representative, Bench `I' Mumbai

//TRUE COPY//                                                 BY ORDER


                                              ASSTT. REGISTRAR, ITAT, MUMBAI
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