VIPUL N. AMBANI, MUMBAI V. ASST CIT 2(3), MUMBAI

ITA 148/MUM/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6848 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 11-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJA SWAROOP
• Keywords: Salary income; Additional evidence
• Section: 143(3)

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE HONBLE SH. SANDEEP GOSAIN , J M & HONBLE SH. N. K. PRADHAN, A M ./ I.T.A. NO . 148 / MUM/ 2016 ( / ASSESSMENT YEAR: 2011 - 12 ) SHRI VIPUL N. AMBANI 4A, RIZVI PARK, 5A, ALTAMOUNT ROAD, MUMBAI - 4000 36 / VS. ACIT 2(3) 5 TH FLOOR, CHURCHGATE, MUMBAI - 400 020 ./ ./ PAN NO. AABPA 6889 Q ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI VIJAY MEHTA & SHRI ANUJKISNADWALA , AR / RESPONDENTBY : MS. POOJA SWAROOP , DR / DATE OF HEARING : 25 /04 /201 8 / DATE OF PRONOUNCEMENT : 2 9/05/2018 / O R D E R PER SANDEEP GOSAIN, J UDICIAL MEMBER : THE P RESENT APPE AL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF LD. CIT (APPEAL) 6, MUMBAI DATED 19.11.15 FOR AY 2011 - 12 . 2 I.T.A. NO. 148 /MUM/201 6 SHRI VIPUL N. AMBANI 2. THE B RIEF FACTS OF THE CASE ARE THAT ASSESSEE IS INDIVIDUAL AND THE MAIN SOURCE OF INCOME TO THE ASSESSEE IS SALARY INCOME AND HOUSE PROPERTY. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED ON 31.07.11 DECLARING TOTAL INCOME OF RS. 56,42,950 / - . LATER ON , THE CASE WAS SELECTED FOR SCRUTINY AND AFTER SERVING STATUTORY NOTICES AND SEEKING REPLY, ORDER OF ASSESSMENT U/S 143(3) WAS PASSED BY AOTHEREBY MAKING ADDITIONS UNDER DIFFERENT HEADS. AGGRIEVED BY THE ORDER OF AO, ASSESSEE PREFERRED APPEAL BEFORE LD. CIT (A) AND LD. CIT(A) AFTER CONSIDERI NG THE CASE OF BOTH THE PARTIES, DISMISSED THE APPEAL OF THE ASSESSEE . NOW BEFORE US, THE ASSESSEE HAS PREFERRED THE PRESENT APPEAL . 3. AT THE VERY OUTSET, LD. AR APPEARING ON BEHALF OF THE ASSESSEE DRAWN OUR ATTENTION TO LETTER DATED 25.04.18 FILED BY THE ASSESSEE FOR SEEKING OF AD MISSION OF ADDITIONAL EVIDENCE UNDER RULE 29 OF THE APPELLATE TRIBUNAL RULES, 1963. 3 I.T.A. NO. 148 /MUM/201 6 SHRI VIPUL N. AMBANI 4. WE HAVE HEARD COUNSELS FOR BOTH THE PARTIES ON THIS APPLICATION DATED 25.04.18 FOR LEAD ING ADDITIONAL EVIDENCE AND AFTER PERUSING THE AFFIDAVIT FILED BY THE ASSESSEE WHICH IS AT PAGE NO. 5 OF THE PAPER BOOK, WE FIND THAT ASSESSEE WAS EX - PARTE BEFORE LD. CIT(A). IT WAS SUBMITTED THAT BECAUSE OF LACK OF PROPER LEGAL ADVICE, THE ASSESSEE COULD NOT FILE REQUIRED DOCUMENTS WHICH ARE IN THE SHAPE OF CREDIT CARD STATEMENTS, BANK STATEMENT OF COMPANIES, LEDGER ACCOUNT , ETC. ALL THESE DOCUMENTS ARE CONTEMPORARY IN NATURE AND BEYOND THE SCOPE OF TAMPERING AND ALSO GOES TO THE ROOTS OF THE MATTER. THEREFORE, WHILE KEEPING IN VIEW THE ABOVE SUBMISSIONS, WE ALLOW THE APPLICATION OF ASSESSEE AND ADMIT THE ADDITIONAL EVIDENCE S MOVED BY THE ASSESSE WHICH IS IN THE SHAPE OF DETAILS OF CREDIT CARD PAYMENTS, BANK STATEMENTS, LEDGER ACCOUNT, WHICH ARE AT PAGE NO. 7 TO 57 OF PAPER BOOK. 5. SINCE WE HAVE ADMITTED THE ADDITIONAL EVIDENCE OF THE ASSESSEE, WHICH REQUIRES NECESSARY VER IFICATION. THEREFORE, CONSIDERING THE INTEREST OF JUSTICE, WE SET ASIDE THE ORDER OF LD. CIT(A) AND REMIT THE MATTER BACK TO THE FILE OF AO WITH A 4 I.T.A. NO. 148 /MUM/201 6 SHRI VIPUL N. AMBANI DIRECTION TO VERIFY ALL ADDITIONAL EVIDENCES AND THEREAFTER WHILE CONSIDERING THE DOCUMENTS, PASS AFRESH ORDE R OF ASSESSMENT. BEFORE PARTING, WE MAY MAKE IT CLEAR THAT OUR DECISION TO RESTORE THE MATTER BACK TO THE FILE OF AO SHALL IN NO WAY BE CONSTRUED AS HAVING ANY REFLECTION OR EXPRESSION ON THE MERITS OF THE DISPUTE, WHICH SHALL BE ADJUDICATED BY THE AO IND EPENDENTLY IN ACCORDANCE WITH LAW. 6 . IN THE NET RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH M AY . 2018 SD/ - SD/ - ( N. K. PRADHAN ) (SANDEEP GOSAIN) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 29 . 05 .201 8 SR.PS . DHANANJAY 5 I.T.A. NO. 148 /MUM/201 6 SHRI VIPUL N. AMBANI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI