RAJESH YAGNIK, MUMBAI V. DCIT CEN CIR OSD-1, MUMBAI

ITA 1340/MUM/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4551 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 05-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNITA BILLA

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.1340/MUM/2015 ASSESSMENT YEAR: 2009-10 RAJESH YAGNIK, 601, SIDDHARTH APARTMENTS, OPP. VENUS SOCIETY, R.G. THADANI ROAD, WORLI, MUMBAI-400018 / VS. DCIT, CENTRAL CIRCLE, OSD-1, ROOM NO.409, 4 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 / ASSESSEE / REVENUE P.A. NO. AAQPY1369Q $ % & / ASSESSEE BY SHRI VIMAL PUNAMIYA & SHRI HIMANSHU GANDHI $ % & / REVENUE BY MS. SUNITA BILLA -DR / DATE OF HEARING 12/01/2016 & / DATE OF ORDER: 12/01/2016 & / O R D E R THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 17/12/2014 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. THE ONLY GROUND RAISED IN THIS APPEAL PERTAINS TO C ONFIRMING THE ADDITION OF RS.1,40,000/- MADE BY THE LD. ASSES SING ITA NO.1340/MUM/2015 RAJESH YAGNIK 2 OFFICER ALLOWING ONLY PART OF THE HOUSE AS SELF OCCU PIED PROPERTY IGNORING THE FACT THAT IT WAS A ONE RESIDE NTIAL UNIT. 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, SHRI VIMAL PUNMIYA ALONG WITH SHRI HI MANSHU GANDHI, EXPLAINED THAT IN FACT FOUR SMALL UNITS WER E PURCHASED BY THE ASSESSEE AND BY REMOVING THE INTER NAL WALLS, IT WAS CONVERTED INTO ONE RESIDENTIAL UNIT F OR PERSONAL PURPOSES OF THE ASSESSEE. ON THE OTHER HAND, THE LD . DR, MS. SUNITA BILLA, OPPOSED THE CONTENTION OF THE ASSESSE E BY CLAIMING THAT IN FACT FOUR UNITS WERE PURCHASED BY THE ASSESSEE, THOUGH ADJOINING ONE, THEREFORE, THESE HA S TO BE CONSIDERED AS SEPARATE UNITS, THEREFORE, ADDITION W AS RIGHTLY MADE. 2.1. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WITHOUT G OING INTO MUCH DELIBERATION AND CONSIDERING THE FACTS AND THE ARGUMENTS ASSERTED FROM BOTH SIDES, THE FACTUAL MAT RIX IS NOT COMING OUT WHETHER IT IS ONE RESIDENTIAL UNIT (AS H AS BEEN CLAIMED BY THE ASSESSEE) OR FOUR SEPARATE RESIDENTI AL UNITS (AS HAS BEEN CLAIMED BY THE LD. DR), THEREFORE, THE LD. ASSESSING OFFICER IS DIRECTED TO EXAMINE FACTUAL MATRIX AND T HEN DECIDE IN ACCORDANCE WITH LAW. IT IS OBSERVED THAT IF THE INTERNAL WALL OF DIFFERENT UNITS HAS BEEN REMOVED AND THE FLATS H AVE BEEN CONVERTED INTO ONE RESIDENTIAL UNIT THEN CERTAINLY NO ADDITION IS WARRANTED. IF IT IS FOUND THAT THESE ARE SEPARAT E UNITS AND INTERNAL WALLS HAS NOT BEEN REMOVED AND IN FACT IT IS FOUND ITA NO.1340/MUM/2015 RAJESH YAGNIK 3 THAT THESE ARE FOUR INDEPENDENT UNITS, THEN THE ADD ITION SO MADE BY THE REVENUE IS JUSTIFIED. THEREFORE, THE LD . ASSESSING OFFICER IS DIRECTED TO EXAMINE THE FACTS AND THEN D ECIDE IN ACCORDANCE WITH LAW. THE ASSESSEE BE GIVEN OPPORTUN ITY OF BEING HEARD AND ALSO TO EXPLAIN THE TRUE FACTS. THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVE FROM BOTH SIDES AT T HE CONCLUSION OF THE HEARING ON 12/01/2016. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 12/01/2016 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * ( '#$ ) / THE CIT, MUMBAI. 4. ) ) * / CIT(A)- , MUMBAI 5. -./ ' , ) '#$ ' 1 , / DR, ITAT, MUMBAI 6. /2 3$ / GUARD FILE. & / BY ORDER, (-# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI