MANISHA HEMANT MEHTA, MUMBAI V. ITO 22(1)(3), MUMBAI

ITA 1781/MUM/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4142 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: I
• Assessment Year: 2010-2011
• Appeal Filed On: 14-03-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Assessee Lawyers: DHARMIL AMIT JHAVERI
• Keywords: Bogus purchase
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI RAJESH KUMAR , HON'BLE ACCOUNTANT MEMBER ITA NO. 1781 /MUM/201 7 (A.Y: 2010 - 11) SHRI MANISHA HEMANT MEHTA A - 13, YASHWANT BUILDING, 90 FEET ROAD, GHATKOPAR (E) MUMBAI - 77 PAN: AGTPM 8940 N V. INCOME TAX OFFICER 22(1)(3) MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI DHARMIL AMIT JHAVERI DEPARTMENT BY : SHRI CHAUDHARY ARUNKUMAR SINGH DATE OF HEARING : 06.09.2018 DATE OF PRONOUNCEMENT : 30 . 10 .2018 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 25, MUMBAI [HEREINAFTER IN SHORT LD. CIT(A)] DATED 12.12.2016 FOR THE ASSESSMENT YEAR 2010 - 11 ARISING OUT OF THE ORDER PASSED BY THE ASSESSING OFFICER U/S . 143(3) R.W.S. 147 OF THE ACT. 2. AT THE OUTSET, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE COORDINATE BENCH OF THIS TRIBUNAL IN ITA.NO. 1570/MUM /2017 DATED 31.10.2017 RESTORED THE APPEAL OF THE REVENUE TO THE FILE OF THE ASSESSING 2 ITA NO.1781/MUM/2017 (A.Y: 2010 - 11) SHRI MANISHA HEMANT MEHTA OFFICER TO MAKE FRESH ASSESSMENT AFTER GIVING OPPORTUNITY TO THE ASSESSEE AND THE ISSUE WAS IN RESPECT OF THE PART RELIEF GIVEN BY THE LD.CIT(A) DELETING THE ADDITION MADE TOWARD BOGUS PURCHASES. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE THE TRIBUNAL HAD SET - ASIDE THE APPEAL OF THE REVENUE , TH E APPEAL OF THE ASSESSEE MAY ALSO BE RES TORED TO THE FILE OF THE ASSESSING OFFICER. 3. LD. DR HAS NO SERIOUS OBJECTIONS IN RESTORING THE MATTER TO THE FILE OF THE ASSESSING OFFICER. 4. ON HEARING BOTH SIDES AND PER USING THE ORDER OF THE TRIBUNAL, W E FIND IT APPROPRIATE TO RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER . THUS, WE RESTOR E THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER WHO SHALL DECIDE IN THE LIGHT OF THE OBSERVATIONS MADE BY THE TRIBUNAL IN REVENUES APPEAL IN ITA.NO.1570/MUM/2017 DATED 31.10.2017 . TH E GROUND S RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE 30 TH OCTOBER, 2018 SD/ - SD/ - ( RAJESH KUMAR ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 30 / 10 / 2018 GIRIDHAR , SR . PS 3 ITA NO.1781/MUM/2017 (A.Y: 2010 - 11) SHRI MANISHA HEMANT MEHTA COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM