SOMNATHAN K. NAIR, DOMBIVALI V. DCIT CEN CIR 7(3), MUMBAI

ITA 1460/MUM/2017

• Counselvise Citation: [2018] 112 COUNSELVISE.COM (IT) 5975 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 02-03-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ABHIJIT PATANKAR
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO. 1460/MUM/2017 ASSESSMENT YEAR : 2011-12 SOMNATHAN K. NAIR, D-02, VASTU SHRUSHTI CHS LTD., LODHA HERITAGE, DESALA PADA, DOMBIVILI EAST [PAN : ACXPN 9094 Q] VS. DCIT, CENTRAL CIRCLE-7(3), [ERSTWHILE CENTRAL CIRCLE-42] MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI JITENDRA JAIN, ADVOCATE RESPONDENT BY : SHRI ABHIJIT PATANKAR, DR DATE OF HEARING : 26-12-2018 DATE OF PRONOUNCEMENT : 28-12-2018 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-48, MUMBAI, DATED 30-12-2016. 2. AT THE OUTSET, LD. AR PRAYED FOR THE BENCH THAT GROUND NOS. 3 & 11 ARE NOT PRESSED, HENCE DISMISSED AS NOT P RESSED. ITA NO. 1460/MUM/2017 : 2 : 3. LD. AR ALSO PRAYED THAT THE REMAINING GROUNDS I.E. , GROUND NOS. 1, 2, 4, 5, 6, 7, 8, 9 & 10 ARE TO BE RE STORED TO THE FILE OF CIT(A) ON THE GROUND THAT IN SOME CASES, THE A SSESSEE BEING GIVEN RELIEF AND IN SOME CASES, THE INCOME HAS BEEN ASSESSED IN THE HANDS OF THE EMPLOYER ON THE GROUND OF SUBSTANTIVE ADDITION, WHEREAS IN THE CASE OF ASSESSEE, ADDITION WAS MADE ONLY ON PROTECTIVE BASIS. 4. LD. DR ON THE OTHER HAND PRAYED FOR THE BENCH THAT THE ISSUE MAY BE RESTORED TO THE FILE OF CIT(A) FOR NECESS ARY VERIFICATION TO BE CARRIED OUT AND THE ISSUES MAY BE DE CIDED ACCORDINGLY. 5. AFTER HEARING BOTH THE PARTIES AND PERUSING THE MATE RIAL ON RECORD, INCLUDING THE IMPUGNED ORDER, WE FIND THAT THE ISSUES INVOLVED IN THE PRESENT CASE ARE EITHER SETTLED B Y THE SETTLEMENT COMMISSION OR THE ADDITION HAS BEEN ACCEPTED IN THE HANDS OF EMPLOYER OF THE ASSESSEE AND HAS BEEN TA XED ACCORDINGLY. IN OUR OPINION, IT WOULD BE PROPER AND IN THE INTEREST OF JUSTICE IF THE MATTER IS RESTORED TO THE FILE OF CIT(A), AS BOTH THE PARTIES PRAYED BEFORE THE BENCH FOR ASCERTA INING THE POSITION AS PER LAW AND FACTS AND DECIDING THE ISS UES ITA NO. 1460/MUM/2017 : 3 : ACCORDINGLY. THE ISSUES ARE SET ASIDE TO THE FILE OF C IT(A) TO DECIDE THE SAME AS PER FACTS AND LAW AFTER AFFORDING REASONABLE OPPORTUNITY TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS PARTLY ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH DAY OF DECEMBER, 2018 SD/- SD/- (AMARJIT SINGH) (RAJESH KUMAR) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /MUMBAI; /DATED : 28 TH DECEMBER, 2018 TNMM / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #!' / THE RESPONDENT 3. $ % ( ) / THE CIT(A), MUMBAI 4. $ % / CIT, MUMBAI 5. ()* +, , $ .+,$/ , / DR, ITAT, MUMBAI 6. *012 / GUARD FILE ITA NO. 1460/MUM/2017 : 4 : $ / BY ORDER, # //TRUE COPY// / $ (DY./ASST. REGISTRAR) $ .+,$/, / ITAT, MUMBAI