Appeal details
Counselvise Citation
[2019] 117 COUNSELVISE.COM (IT) 4878 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 1 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
22-05-2019
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
E
Assessment Year
2010-2011
Appeal Filed On
18-04-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI M. BALAGANESH , AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO. 2387 /MUM/201 8 ( / ASSESSMENT YEAR: 20 10 - 11 ) THE BASSEIN CATHOLIC CO - OP. BANK LTD. GROUND FLOOR, CATHOLIC BANK BUILDING, PAPDY, TAL - VASAI, PIN - 401207 . / VS. ACIT CIRCLE - 4 ASHAR IT PARK, 6 TH FLOOR, A WING, ROAD NO. 16Z, WAGLE ESTATE, THANE, (W), 400604. ./ ./ PAN/GIR NO. : AAATB3965B ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING : 30 / 0 4 / 201 9 / DATE OF P RONOUNCEMENT : 22 / 05 / 201 9 / O R D E R PER AMARJIT SINGH, J M: THE ASSESSEE HAS FILED THE PRESENT APPEAL AGAINST THE ORDER DATED 23 . 01 .201 8 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 3 , MUMBAI [HEREINAFTE R REFERRED TO AS THE CIT(A) ] RELEVANT TO THE A.Y. 20 10 - 1 1 . 2 . THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS: - 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. COMM. (APPEALS) HAS ERRED IN NOT ALLOWING RURAL BRANCH DEDUCTION OF RS.10,59,84,000/ - U/S 36(A)(VIIA). 2. ON THE F ACTS AND CIRCUMSTANCES OF THE CASE, THE LD. COMM. (APPEALS) HAS ERRED IN CONFIRMING ADDITIONS OF VARIOUS AMOUNTS REVENUE BY : SHRI R. MANJUNATHA SWAMY (DR) ASSESSEE BY: SHRI MILIND V. SAHASRABUDHE ITA NO. 2387 / M/201 8 A.Y.20 1 0 - 1 1 2 TOTALING TO RS.2,85,217/ - MADE BY THE ACIT ON THE GROUNDS THAT THE SAME HAVE BECOME NON - REFUNDABLE. 3 . THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME FOR THE A.Y. 2010 - 11 ON 14.10.2010 DECLARING TOTAL INCOME TO THE TUNE OF RS.53,28,30,976/ - . THEREAFTER, THE ASSESSEE FILED REVISED RETURN OF INCOME ON 05.03.2012 DECLARING TOTAL INCOME AT RS.42,67,36,813/ - . IN THE R EVISED RETURN OF INCOME, THE ASSESSEE BANK HAS CLAIMED DEDUCTION U/S 36(1)(VIIA)(A) OF THE ACT AMOUNTING TO RS.10,59,84,000/ - AND EXPENSES OF RS.1,99,096/ - ON ACCOUNT OF RETURN OF DDR MARKET. THEREAFTER, THE CASE WAS SELECTED FOR SCRUTINY AND NOTICES U/S 1 43(2) & 142(1) OF THE ACT WERE ISSUED AND SERVED UPON THE ASSESSEE. THE CLAIM OF THE ASSESSEE U/S 36(1)(VIIA)(A) OF THE ACT AMOUNTING TO RS.10,59,84,000/ - WAS DISALLOWED AND ADDED TO THE INCOME OF THE ASSESSEE AND THE TOTAL INCOME OF THE ASSESSEE WAS ASSES SED TO THE TUNE OF RS. 53,30,06,030/ - . FEELING AGGRIEVED, THE A SSESSEE FILED AN APPEAL BEFORE THE CIT(A) WHO ALSO DISMISSED THE APPEAL OF THE ASSESSEE, THEREFORE, THE ASSESSEE HAS FILED THE PRESENT APPEAL BEFORE US. 4. WE HAVE HEARD ARGUMENT ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. THE LD. REPRESENTATIVE OF THE ASSESSEE HAS ARGUED THAT THE MUNICIPAL CORPORATION HAS ISSU ED THE REVISED NOTIFICATION OF THE CITY VASAI - VIRAR ON D ATED 31.05.2011 AND ACCORDINGLY T HE CLAIM OF THE ASS ESSEE IS LIABLE TO BE CONSIDERED IN VIEW OF THE PROVISIONS U/S 36(1)(VIIA)(A) OF THE ACT AND IN THIS REGARD THE ISSUE HAS BEEN REMANDED BEFORE THE AO BY HONBLE ITAT IN THE ASSESSEES OWN CASE FOR A.Y.2012 - 13 IN ITA. NO.2899/M/2016 DATED 19.01.2018 , THEREF ORE, THE PRESENT ISSUE IS ALSO REQUIRED TO BE REMANDED BE FORE THE AO TO DECIDE THE MATTER AFRESH ON SIMILAR LINES IN THE INTEREST OF JUSTICE. HOWEVER, ON THE OTHER HAND, THE ITA NO. 2387 / M/201 8 A.Y.20 1 0 - 1 1 3 LD. REPRESENTATIVE OF THE DEPARTMENT HAS REFUTED THE SAID CONTENTION. IN THE INST ANT CASE, THE MATTER OF CONTROVERSY IS IN CONNECTION WITH THE CLAIM RAISED BY ASSESSEE IN VIEW OF THE PROVISIONS U/S 36(1)(VIIA)(A) OF THE ACT. THIS ISSUE HAS ALREADY BEEN RESTORED BEFORE THE AO BY HONBLE ITAT IN THE ASSESSEES OWN CASE IN ITA. NO. 2899/M/ 2016 DATED 19.01.2018 FOR THE A.Y. 2012 - 13. THE RELEVANT FINDING HAS BEEN GIVEN IN PARA NO. 4 WHICH IS HEREBY REPRODUCED AS UNDER.: - 4. BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE FILED A REVISED NOTIFICATION OF THE DELIMITATION OF MUNICIPAL CORPORATI ON OF THE CITY OF VASAI - VIRAR, VIDE NOTIFICATION NO. VVM - 2009/88/CR 244/09/UD - 23 DATED 05 - 04 - 2010, VVM - 2009/88/CR 244/09/UD - 23 DATED 31 - 05 - 2011, WHICH ARE ENCLOSED BY ASSESSEE AT PAGE NO. 121 TO 256 AND 256 TO 302 RESPECTIVELY ON ASSESSEES PAPER BOOK. WHE N IT WAS POINTED TO THE LEARNED COUNSEL THAT THESE DOCUMENTS WERE NOT SUBMITTED BEFORE THE LOWER AUTHORITIES, HE FAIRLY CONCEDED THAT THIS CAN BE CONSIDERED BY EITHER THE AO OR CIT(A). ON QUERY FROM THE BENCH, THE LEARNED CIT DEPARTMENTAL REPRESENTATIVE, F AIRLY CONCEDED THAT THE ISSUE CAN BE REMITTED BACK TO THE FILE OF THE AO FOR PROPER DISPOSAL OF THE CASE. 5. ON APPRAISAL OF THE ABOVE MENTIONED FINDING, WE ARE OF THE VIEW THAT THE ISSUE IS FACTUAL WHICH REQUIR ED VERIFICATION AND ACCORDINGLY T HE HONBLE ITAT HAS ALSO RESTORED THE ISSUE BEFORE THE AO IN THE ASSESSEES OWN CASE FOR THE A.Y.2012 - 13 IN ITA. NO.2899/M/2016 DATED 19.01.2018 . IN THE INSTANT CASE, THE VERIFICATION IS REQUIRED IN CONNECTION WITH THE CLAIM RAISED BY ASSESSEE IN VIEW OF NOTIFICATIO N OF THE CITY VASAI - VIRAR ON DATED 31.05.2011. I N VIEW OF THE SAID CIRCUMSTANCES, WE SET ASIDE THE FINDING OF THE CIT(A) ON ALL THE ISSUES AND RESTORE THE ISSUES BEFORE THE AO TO DECIDE THE MATTER OF CONTROVERSY AFRESH IN VIEW OF THE GUIDE LINES RAISED BY HONBLE ITAT IN THE ASSESSEES OWN CASE FOR THE A.Y.2012 - 13 IN ITA. ITA NO. 2387 / M/201 8 A.Y.20 1 0 - 1 1 4 NO.2899/M/2016 DATED 19.01.2018 . NEEDLESS TO SAY THAT AN OPPORTUNITY OF BEING HEARD IS REQUIRED TO BE GIVEN TO THE ASSESSEE IN ACCORDANCE WITH LAW. 6 . IN THE RESULT, THE APPEAL FILED BY TH E ASSESSEE IS HEREBY ORDERED TO BE ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 22 /05 /2019 SD/ - SD / - ( M. BALAG ANESH ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; DATED : 22 /05 /2019 V IJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) , / ITAT, MUMBAI
