DNYANRAJ YESHWANT NIKAM, MUMBAI V. ITO 12(1)(1), MUMBAI

ITA 1068/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5497 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 15-02-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI LD
• Assessee Lawyers: AJIT SHAH LD ARS
• Keywords: Principle of natural justice
• Section: 144

Judgement Text

ITA NO.1068/MUM/2017 DNYANRAJ YESHWANT NIKAM ASSESSMENT YEAR-2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.1068/MUM/2017 ( / ASSESSMENT YEAR: 2010-11) DNYANRAJ YESHWANT NIKAM 110, MODY STREET JAMAT KHANA BUILDING, 2 ND FLOOR FORT, MUMBAI-400 0101 / VS. INCOME TAX OFFICER - 12(1)(1) ROOM NO.115, 1 ST FLOOR AAYKAR BHAVAN, M.K.ROAD MUMBAI-400 020 ! ./ ./PAN/GIR NO. ABMPN-6980-B ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) A SSESSEE BY : K. GOPAL & AJIT SHAH, LD.ARS RE VENUE BY : RAM TIWARI, LD. DR / DATE OF HEARING : 17/07/2018 / DATE OF PRONOUNCEMENT : 20/07/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2010-11 CONTEST THE ORDER OF THE LD. COMMISSIONER OF INCOME -TAX (APPEALS)-28 [CIT(A)], MUMBAI, APPEAL NO. CIT(A)-28/IT-155/ITO-12(1)(1)/2013-14 DATED 23/11/2016 QUA CONFIRMATION OF CERTAIN ADDITIONS. THE ASSESSMENT FOR IMPUGNED AY WAS FRAMED BY LD. INCOME TAX OFFICER 12(1)(1) ON BEST ITA NO.1068/MUM/2017 DNYANRAJYESHWANTNIKAM ASSESSMENT YEAR-2010-11 2 JUDGMENT BASIS U/S 144 ON 30/03/2013 WHEREIN THE INCOME OF THE ASSESSEE WAS ASSESSED AT RS.64.69 LACS AS AGAINST R ETURNED INCOME OF RS.4.86 FILED BY THE ASSESSEE IN 26/12/2010. THE AS SESSEE BEING RESIDENT INDIVIDUAL WAS ENGAGED AS CLEARING & FORWARDING AGENT IN THE IMPUGNED AY. 2. AS EVIDENT FROM QUANTUM ASSESSMENT ORDER, THE AS SESSEE FILED TO SUBMIT REQUISITE DETAILS DURING ASSESSMENT PROCEEDI NGS AS CALLED FROM TIME TO TIME. HAVING NO OTHER OPTION, LD. AO FRAMED THE ASSESSMENT ON BEST JUDGMENT BASIS U/S 144. 3. AGGRIEVED, THE ASSESSEE PREFERRED AN APPEAL AGAI NST THE SAME BEFORE LD. FIRST APPELLATE AUTHORITY WITHOUT ANY SU CCESS VIDE IMPUGNED ORDER DATED 23/11/2016 WHEREIN THE ASSESSEE AGAIN F AILED TO APPEAR AND SUBSTANTIATE THE RETURNED INCOME. 4. THE LD. AR, ON THE STRENGTH OF AFFIDAVIT OF THE ASSESSEE DATED 16/07/2018, PLEADED FOR ANOTHER OPPORTUNITY TO THE ASSESSEE. THE SAME HAS BEEN CONTROVERTED BY LD. DR. 5. UNDISPUTEDLY, THE ASSESSEE HAS REMAINED NEGLIGEN T TO SUBSTANTIATE HIS CLAIM BEFORE BOTH THE LOWER AUTHORITIES AND THE APPROACH OF THE ASSESSEE WAS CASUAL IN NATURE. HOWEVER, KEEPING IN VIEW THAT FACT THAT THE ASSESSEE IS AN INDIVIDUAL AND SUFFERED HIGH PIT CHED ASSESSMENT AND KEEPING IN VIEW THE PRINCIPLE OF NATURAL JUSTICE, W E DEEM FIT TO PROVIDE ANOTHER OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE THE RETURNED INCOME. THEREFORE, THE MATTER STAND REMITTED BACK TO THE FI LE OF LD. AO WITH A DIRECTION TO THE ASSESSEE TO FILE REQUISITE DETAILS / DOCUMENTARY EVIDENCES FORTHWITH FAILING WHICH LD. AO SHALL BE A T LIBERTY TO ADJUDICATE THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECO RD. ITA NO.1068/MUM/2017 DNYANRAJYESHWANTNIKAM ASSESSMENT YEAR-2010-11 3 6. RESULTANTLY, THE ASSESSEES APPEAL STAND PARTLY ALLOWED FOR STATISTICAL PURPOSES IN TERMS OF OUR ABOVE ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH JULY, 2018 SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 20.07.2018 SR.PS:-THIRUMALESH ! / COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. $%!# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$ - , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI