BABHUBHAI KARSHAN RATHOD, MUMBAI V. ASST CIT 31(1), MUMBAI

CO 106/MUM/2015

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 3100 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 6 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-06-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 23-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SUMAN KUMAR

Judgement Text

1 CO 106/MUM/2015 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE SHRI D.T. GARASIA (JUDICIAL MEMBER) AND SHRI G MANJUNATHA (ACCOUNTANT MEMBER) C.O. NO.106/MUM/2015 (ARISING OUT OF ITA NO.4268/MUM/2016 (ASSESSMENT YEAR: 2009-10) SHREE BABUBHAI KARSHAN RATHOD 39, KOHINOOR INDLESTATE GOREGAIN HIGHWAY, GOREGAON (E), MUMBAI-53 PAN : AADPR5995A VS THE ACIT 31(1), MUMBAI CROSS OBJECTOR RESPONDENT ASSESSEE BY SHRI SUMAN KUMAR RESPONDENT BY SHRI VIMAL PUNMIYA DATE OF HEARING 22 -06-2017 DATE OF PRONOUNCEMENT 29- 06-2017 O R D E R PER G MANJUNATHA, AM : THIS CROSS OBJECTION FILED BY THE ASSESSEE, WHICH IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-41, MUMBAI DATED 22-04-2015 FOR THE ASSESSMENT YEAR 2009-10, RAISES THE FOLLOWING GROUNDS OF APPEAL:- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) HAS ERRED IN NOT ALLOWING FULL RELIEF TO RES PONDENT. 2. ON THE FACTS AND THE CIRCUMSTANCES OF THE CASE THE LD. CIT(A) HAS ERRED IN CONFIRMING AD-HOC DISALLOWANCE OF RS.3 ,68,412/- (I.E. 12.5% OF PURCHASES) MADE BY A.O ON ACCOUNT OF UNPRO VED PURCHASE ON ASSUMPTION BASIS. 2 CO 106/MUM/2015 2. UPON HEARING THE PARTIES PRESENT, WE NOTICE THAT TH E CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS IN VIEW OF TRIBUNALS ORDER DATED 01- 01-2016 PASSED IN REVENUES APPEAL IN ITA NO.4268/M UM/2015 WHEREIN THE TRIBUNAL DISMISSED THE APPEAL FILED BY THE REVENUE RELYING UPON CBDT CIRCULAR NO. 21/2015(F.NO.279/MISC.142/2007-ITJ (PT.) DATED 10 TH DECEMBER, 2015 BEING BELOW THE TAX LIMIT PRESCRIBED BY THE CBDT FO R FILING APPEAL BEFORE ITAT. ACCORDINGLY, THE CROSS OBJECTION FILED BY THE ASSES SEE BECOMES INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 29-06-2017 SD/- SD/- (D.T. GARASIA) (G MANJUNATHA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : 29 TH JUNE, 2017 PK/- COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI