SACHIN BALKRISHNA RAIKAR, MUMBAI V. ITO 26(2)(4), MUMBAI

ITA 1240/MUM/2015

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 2202 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 09-12-2015
• Assessment Year: 2011-2012
• Appeal Filed On: 03-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Salary income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, M UMBAI BEFORE SHRI A.K. GARODIA, AM ITA 1240/MUM/2014 ASSESSMENT YEAR: 2011-12 MR. SACHIN BALKRISHNA RAILKAR, 307/10, D WING, 1 ST FLOOR, KASHINATH BLDG., SANE GUJRUJI MARG, MAHALAXMI (E), MUM BAI - 400011 / VS. THE ITO 26 (2)(4), MUMBAI. ./ ./ PAN/GIR NO. AJWPR4695P ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : SHRI. V.S. JADHAV / DATE OF HEARING : 22/12/2015 !'# / DATE OF PRONOUNCEMENT : 22/12/2015 / O R D E R PER A. K. GARODIA, A. M : THIS APPEAL IS FILED BY THE ASSESSEE AND IS DIREC TED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-46, M UMBAI (HEREINAFTER CALLED AS THE CIT(A) ) DT. 26/12/2014 FOR ASSESSMENT YEARS 2011-12. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UND ER:- IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LEARNED CIT(APPEAL) ERRED IN DISALLOWING THE EXPENS ES OF RS. 9,68,133.00 AGAINST TOTAL INCOME OF RS. 11,24,5 00.00 ITA 1240/MUM/20 14 ASSESSMENT YEAR: 2011-12 WHICH WAS WRONG, INSUFFICIENT AND CONTRARY TO THE F ACTS AND EVIDENCE ON RECORD. 2. THE APPELLANT CRAVES LEAVE TO ADD, AMEND, ALTER, MODIFY OR OMIT THE AFORESAID GROUNDS OF APPEAL AS OCCASION MAY ARISE OF DEMAD. 2.1 THE APPEAL WAS LAST FIXED FOR HEARING ON 09/12 /2015 AND ON THIS DATE, ON THE REQUEST OF THE ASSESSEE, T HE HEARING WAS ADJOURNED TO 22/12/2015 AND DATE OF HEA RING WAS PRONOUNCED IN OPEN COURT BUT ON THIS DATE OF HE ARING I.E. 22/12/2015, NONE APPEARED ON BEHALF OF THE ASS ESSEE AND THERE IS NO APPLICATION FOR ADJOURNMENT. THEREF ORE, THIS APPEAL WAS HEARD EX-PARTE QUA THE ASSESSEE. 2.2 LD DR OF THE REVENUE SUPPORTED THE ORDERS OF TH E AUTHORITIES BELOW. 2.3 I HAVE CONSIDERED THE SUBMISSIONS OF THE LD. D R OF THE REVENUE AND GONE THROUGH THE ORDERS OF THE AUTHORIT IES BELOW AND FIND THAT IT WAS NOTED BY THE AO AND ALSO BY CIT(A) THAT AS PER FORM 26AS, THE ASSESSEE HAS EARN ED PROFESSIONAL FEES OF RS. 11,24,500/- FROM TOPGROUP RISK INTELLIGENCE PVT. LTD. AND TAX HAS BEEN DEDUCTED A T SOURCE ON THE SAME. HOWEVER, THE ASSESSEE HAS NOT OFFERED THIS INCOME TO TAX IN RETURN OF INCOME FILED ON 29/07/20 11. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE AS SESSEE HAS ACCEPTED RECEIPT OF THIS AMOUNT AS INSPECTION CHARGES FEES BUT HE CLAIMED THAT DEDUCTION SHOULD BE ALLOWE D OF CERTAIN EXPENSES AGGREGATING TO RS. 9,68,133/- BUT THE A.O. ITA 1240/MUM/20 14 ASSESSMENT YEAR: 2011-12 HAS NOT ALLOWED THE SAME AND HE ASSESSED THE ENTIRE AMOUNT OF RS. 11,24,500/- AS INCOME. 2.4 THE LD. CIT(A) HAS ALSO GIVEN A FINDING THAT TH E ASSESSEE IS WORKING FULL TIME AS EMPLOYEE OF M/S WALLEM MARITIME TRAINING INDIA PVT. LTD. AND THEREFORE, TH E RECEIPT IS TAXABLE AS SALARY INCOME AND DEDUCTION IS NOT A LLOWABLE FOR EXPENSES CLAIMED OF RS. 9,68,133/- 3. I FIND THAT THERE ARE CONCURRENT FINDINGS OF TH E AO AND CIT (A) THAT RECEIPT OF THE ASSESSEE IS ON ACCOUNT OF SALARY INCOME AND THIS FINDING COULD NOT BE CONTROVERTED B Y THE ASSESSEE BEFORE THE LD. CIT(A) AND EVEN BEFORE ME, NONE HAS APPEARED TO DO SO. HENCE, I FIND NO REASON TO I NTERFERE IN THE ORDER OF THE LD. CIT(A). THEREFORE, I DECLIN E TO INTERFERE IN THE ORDER OF THE LD.CIT(A) 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 22ND DECEMBER , 2015 SD/- (A.K. GARODIA) / ACCOUNTANT MEMBER MUMBAI; ( DATED : 23 .12.2015 ITA 1240/MUM/20 14 ASSESSMENT YEAR: 2011-12 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ) ( ) / THE CIT(A) 4. ) / CIT - CONCERNED 5. ,-. //01 , 01# , / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) !' #, / ITAT, MUMBAI PRAMILA