DALU VASU HIRANANDANI,MUMBAI V. ITO(IT)-2(2)(1), MUMBAI

ITA 1850/MUM/2024

AI Insights

The case involves an appeal by Dalu Vasu Hiranandani against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2012-13. The primary issues in the appeal were the validity of a notice under section 147 of the Income Tax Act, 1961, and the assessment of income under the head 'Income from Other Sources' which was originally part of 'Income from House Property' in the assessee's return. The assessee sought to withdraw the appeal due to a procedural error where the appeal was mistakenly treated as a separate case by the tribunal's office. The Tribunal accepted the withdrawal request, leading to the dismissal of the appeal.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 470243 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 04-09-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 12-04-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147; 250

Judgement Text

"Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI. BR BASKARAN, ACCOUNTANT MEMBER AND SHRI. RAJ KUMAR CHAUHAN, JUDICIAL MEMBER ITA NO. 1850/MUM/2024 (A.Y: 2012-13) Dalu Vasu Hiranandani A-602, 6th Floor, Kohinoor CHS, Plot 479, TPS III 24th Road, Opp. Punjab Tadka, Khar, Mumbai - 400052. PAN: ABZPH1876P Vs. ITO (IT) – 2(2)(1) Room No. 1725, 17th Floor, Air India Building, Nariman Point, Mumbai – 400021. (Appellant) (Respondent) Assessee Represented by : None Department Represented by : Smt. Mahita Nair, Sr. D.R. Date of conclusion of Hearing : 04.09.2024 Date of Pronouncement : 23.10.2024 O R D E R PER RAJ KUMAR CHAUHAN (J.M.): 1. This appeal is filed by the appellant/assessee against the order dated 13.02.2024 of Learned Commissioner of Income Tax (Appeals), 56, Mumbai [hereinafter referred to ITA No. 1850/Mum/2024 Dalu Vasu Hiranandani; A.Y. 2012-13 Page | 2 as the “CIT(A)”], passed under section 250 of the Income Tax Act, 1961 [hereinafter referred to as “the Act”] for the A.Y. 2012-13. 2. The assessee is in appeal before us and has raised following grounds: 1. Ground 1:- Validity of Notice u/s 147 of the IT Act, 1961 does not hold ground because there is no fresh material on record that the assessing officer has obtained to warrant re-opening of the assessment. The notice for re-assessment proceedings u/s 147 of the IT Act, 1961, for AY 2012-13 was merely based on change of opinion of the learned assessing officer. 2. Ground 2:- Income of Rs. 10,63,833 was assessed under the head Income from Other Sources which formed part of Income from House Property in assesses original return of income and consequently standard deduction u/s 24a of the Income Tax Act 1961, was disallowed. The learned CIT (Appeals) has erroneously confirmed the additions made by the assessing officer amounting to Rs. 3,19,150 on account of such disallowance. 3. Assessee vide its letter dated 29.08.2024 prayed for withdrawal of appeal in ITA No. 1850/Mum/2024 for A.Y.2012-13. For the sake of convenience, we are reproducing the contents of the said Application as under: - 1. “Our client had preferred an Appeal before Hon'ble Income Tax Appellate Tribunal against order passed ITA No. 1850/Mum/2024 Dalu Vasu Hiranandani; A.Y. 2012-13 Page | 3 by the Commissioner of Income Tax (Appeals) for AY 2012-13 on the ITAT E-Portal. 2. After the appeal was preferred online, the documents were physically submitted on 12-04-2024. 3. The hearing of the case was fixed for 16-07-2024 before the Hon'ble H Bench (Appeal number ITA 1788/MUM/2024), and on request, was adjourned by the Hon'ble Bench to 23-09-2024. This information was also duly updated on the online portal. 4. However, our client recently received an email indicating that the next hearing is scheduled for 04- 09-2024 under appeal number ITA 1850/MUM/2024 at D Bench. 5. Upon enquiry at the Office of the Hon'ble Tribunal, we were informed that the physical submissions were erroneously treated as a separate appeal and hence was fixed for hearing before the Hon'ble D Bench under appeal number ITA 1850/MUM/2024. 6. Since the said case was being heard by the Hon'ble H Bench, we request that the duplicate, appeal number ITA 1850/MUM/2024 before the Hon'ble D Bench be withdrawn.” 4. None appeared on behalf of the assessee. We have heard the Ld. DR on behalf of the revenue. The Ld. DR has not raised any objection to the withdrawal of this appeal. ITA No. 1850/Mum/2024 Dalu Vasu Hiranandani; A.Y. 2012-13 Page | 4 5. We find considerable cogency in the contents of Assessee’s application as aforesaid. Keeping in view of the facts and circumstances of the case, we accept the request of the assessee for withdrawal of the Appeal and accordingly, we dismiss the Appeal as withdrawn. 6. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced on 23.10.2024 Sd/- Sd/- (BR BASKARAN) (RAJ KUMAR CHAUHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Mumbai / Dated 23.10.2024 Karishma J. Pawar, (Stenographer) Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// ITA No. 1850/Mum/2024 Dalu Vasu Hiranandani; A.Y. 2012-13 Page | 5 BY ORDER (Asstt. Registrar) ITAT, Mumbai "