VIPUL S. MEHTA, MUMBAI V. ASST CIT 14(1), MUMBAI

ITA 126/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0520 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 13-10-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 03-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B S BISTDR
• Assessee Lawyers: SASHNAK DUNDU
• Keywords: Additional evidence

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.126/MUM/2014 ASSESSMENT YEAR: 2008-09 VIPUL S. MEHTA, MEHTA HOUSE, B-4, KAPOLE SOCIETY, JVPD SCHEME, VILE PARLE, (WEST), MUMBAI-400049 / VS. ACIT-14(1), 202, 02 ND FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI-400021 ( #$% /ASSESSEE) ( / REVENUE) P.A. NO. AADPM8456H #$% / ASSESSEE BY SHRI SASHNAK DUNDU / REVENUE BY SHRI B.S.BIST-DR & ' ( ) / DATE OF HEARING : 11/05/2017 ( ) / DATE OF PRONOUNCEMENT 26/05/2017 VIPUL S. MEHTA ITA NO.126/MUM/2014 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 11/10/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, IN NOT DELETING THE ADDITION OF RS.12,58,303/- MADE BY THE ACIT U/S 2(22)(E) OF THE INCOME TAX ACT, 1961 (HERE INAFTER THE ACT). 2. THE ASSESSEE HAS FILED AN APPLICATION ALONG WIT H ADDITIONAL EVIDENCE. THE CRUX OF THE ARGUMENT IS TH AT THE ASSESSEE COULD NOT PRODUCE THE DOCUMENTS CONTAIN IN PAPER BOOK II, WHICH WERE NEVER ASKED BY THE AUTHOR ITIES TO PRODUCE AND THUS WITHOUT PROVIDING REASONABLE OPPORTUNITY, THE CASE WAS DECIDED. IT WAS CONTENDE D THAT THE ADDITIONAL EVIDENCE FILED BEFORE THIS TRIBUNAL GOES TO THE ROOT OF THE MATTER AND ARE NECESSARY TO BE LOOKED I NTO FOR FAIR DISPOSAL OF THE APPEAL. ON THE OTHER HAND, THE LD. DR, CONTENDED THAT IT WAS THE DUTY OF THE ASSESSEE TO F ILE THE EVIDENCE, IF ANY, BEFORE THE LD. COMMISSIONER OF IN COME TAX (APPEAL). 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ASSES SEE HAS FILED ADDITIONAL EVIDENCE (PAPER BOOK NO.II) CONTAI NING VARIOUS DOCUMENTS LIKE LETTER DATED 15/02/2007 SHOW ING THE REQUEST OF ACQUISITION OF THE PROPERTY BY M/S V OGUE PROPERTY DEVELOPER PVT. LTD., LETTER TO THE COMPANY SHOWING ACCEPTANCE, COPY OF THE RESOLUTION PASSED B Y THE VIPUL S. MEHTA ITA NO.126/MUM/2014 3 BOARD MEETING FOR ACQUIRING THE PROPERTY OF THE ASS ESSEE, MOU BETWEEN THE ASSESSEE AND THE COMPANY DATED 01/03/2007, LETTER OF THE COMPANY DATED 05/03/2007, SHOWING PAYMENT OF FIRST INSTALLMENT TO THE ASSESSE E AND VARIOUS OTHER LETTERS AS CONTAINED IN THE AFORESAID PAPER BOOK RUNNING INTO 1 TO 76 PAGES. CONSIDERING THE T OTALITY OF FACTS, WE ADMIT THIS ADDITIONAL GROUND AND DIREC T THE ASSESSEE TO APPROACH THE OFFICE OF THE LD. COMMISSI ONER OF INCOME TAX (APPEAL) TO FILE THE ADDITIONAL EVIDENCE BEFORE HIM AND EXPLAIN THE FACTUAL MATRIX. THE LD. COMMIS SIONER OF INCOME TAX (APPEAL) IS DIRECTED TO EXAMINE THE C LAIM OF THE ASSESSEE TO HIS SATISFACTION AND DECIDE AFRESH IN ACCORDANCE WITH LAW. THE ASSESSEE BE GIVEN OPPORTUN ITY OF BEING HEARD, THUS, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 26/05/2017. SD/- SD/- ( ASHWANI TANEJA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; . DATED : 26/05/2017 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. 012 / THE APPELLANT 2. 3412 / THE RESPONDENT. VIPUL S. MEHTA ITA NO.126/MUM/2014 4 3. 5 5 & 6 ( 0 ) / THE CIT, MUMBAI. 4. 5 5 & 6 / CIT(A)- , MUMBAI 5. 89 3# , 5 0) # , & ' / DR, ITAT, MUMBAI 6. :$ ' / GUARD FILE. / BY ORDER, 480 3 //TRUE COPY// / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI