ASHIK J. BHUTA, MUMBAI V. ITO 32(1)(2),

ITA 23/MUM/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0679 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 02-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DR K SHIVARAM; NEELAM C JADHAV
• Keywords: Additional evidence
• Section: 69C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI RAJESH KUMAR , HON'BLE ACCOUNTANT MEMBER ITA NO. 23 /MUM/201 7 (A.Y: 2012 - 13 ) SHRI ASHIK J. BHUTA PLOT NO. OSHO , 1534/A, NEW LINK ROAD, OPP ESKAY RESOR T , DEVKI NAGAR, BORIVALI (W), MUMBAI 400 103 PAN: AAAPB 8787 H V. I.T.O 32(1 )(2) MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE BY : DR. K. SHIVARAM & SHRI NEELAM C. JADHAV DEPARTMENT BY : SHRI ANOOP HIWASE DATE OF HEARING : 23 .08.2018 DATE OF PRONOUNCEMENT : 19 .11 .2018 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESS EE AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 44, MUMBAI [HEREINAFTER IN SHORT LD.CIT(A) ] DATED 10.11.2016 FOR THE ASSESSMENT YEAR 2012 - 13. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE FILED ADDITIONAL EVIDENCES IN RESPECT OF THE ADDITION U/S. 69C MADE BY THE 2 ITA NO.23/MUM/2017 (A.Y: 2012 - 13) SHRI ASHIK J. BHUTA ASSESSING OFFICER. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ADDITIONAL EVIDENCES ARE IN THE FORM OF CONFIRMATION FROM THE JITENDRA P. BHUTA , BANK PASS BOOK COPY, RETURN OF INCOME FOR A.Y 2012 - 13 ALONG WITH TAX COMPUTATION IN THE CASE OF JITENDRA P. BHUTA , CONFIRMATION FROM NAYANA J. BHUTA , BANK PASS BOOK C OPY, RETURN OF INCOME FOR A.Y 2012 - 13 ALONG WITH TAX COMPUTATION IN THE CASE OF NAYANA J. BHUTA . LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TRANSACTIONS ARE WITH FATHER AND MOTHER AND THE TRANSACTIONS ARE GENUINE. 3. LD. COUNSEL FOR THE ASSESSEE SUBMI TTED THAT THESE ADDITIONAL EVIDENCES WERE FILED BEFORE THE LD.CIT(A) WHICH WERE NOT ADMITTED. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE BASIC INFORMATION WHICH WAS CALLED FOR BY THE ASSESSING OFFICER WAS FURNISHED BEFORE HIM TO SUBSTANTIATE THE GENUI NENESS OF THE TRANSACTION. ADDITIONAL EVIDENCES WERE FILED BEFORE THE LD.CIT(A) WHICH WERE NOT ADMITTED. IT IS THEREFORE SUBMITTED THAT , SINCE THESE ADDITIONAL EVIDENCES GO TO THE ROOT OF THE MATTER THE SAME MAY BE ADMITTED AND RESTORED TO THE FILE OF TH E ASSESSING OFFICER FOR CONSIDERING THE SAME. 4. LD. DR OPPOSED FOR ADMISSION OF ADDITIONAL EVIDENCES. IT IS FURTHER SUBMITTED THAT IN THE CASE THE ADDITIONAL EVIDENCES WERE ADMITTED THE SAME MAY BE SEND BACK TO THE ASSESSING OFFICER FOR DENOVO ADJUDICATION. 3 ITA NO.23/MUM/2017 (A.Y: 2012 - 13) SHRI ASHIK J. BHUTA 5. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDERS OF THE AUTHORITIES BELOW AND THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE. THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE SHALL GO TO THE ROOT OF THE MATTER AND THEREFORE THE SAME ARE ADMITTED. S INCE THESE ADDITIONAL EVIDENCES WERE NOT CONSIDERED BY THE LD.CIT(A) AND ALSO BY THE ASSESSING OFFICER, WE RESTORE THESE ISSUES IN APPEAL TO THE FILE OF THE ASSESSING OFFICER WHO SHALL DECIDE CONSIDERING THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE AFRES H , IN ACCORDANCE WITH LAW. THUS, THE ISSUES RELATING TO ADDITION MADE U/S. 69C ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW . 6. IN THE RESULT, APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE 19 TH NOVEMBER , 2018 SD/ - SD/ - ( R AJESH KUMAR ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 19 / 11 / 2018 GIRIDHAR , SR. PS 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