ANIL VISHNU MANDUSKAR, THANE V. ASST CIT CIR 1, THANE

ITA 2526/MUM/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3558 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 28-06-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 15-04-2014
• Court: TRIBUNAL
• Department Lawyers: A RAMCHANDRAN LD
• Section: 143(3)

Judgement Text

ITA NO . 2526/MUM/2014 - ANIL VISHNU MANDUSKAR A - JM 1 IN THE INCOME TAX APPELLATE TRIBUNAL , A BENCH: MUMBAI BEFORE HONBLE SRI MAHAVIR SINGH, JM & HONBLE SRI RA M IT KOCHAR, AM I.T.A NO . 2526 / MUM/201 4 A.Y 200 9 - 10 ANIL VISHNU MANDUSKAR, THANE V S. A .C.I.T, CIR (1), THAN E PAN: A BQPM6026K ( APP ELLANT /ASSESSEE ) ( RESPONDENT /DEPARTMENT ) FOR THE APPELLANT/ ASSESSEE : NONE APPEARED : FOR THE RESPONDENT/ DEPARTMENT: SHRI A.RAMCHANDRAN, LD. SR.DR DATE OF HEARING: 2 8 - 06 - 2016 DATE OF PRONOUNCEMENT : 28 - 06 - 2016 ORDER SHRI MAHAVIR SINGH, JUDICI AL MEMBER : TH IS APPEAL OF THE ASSESSEE IS ARISING OUT OF THE ORDER OF C IT(A) IN A PPEAL NO. THN/ CIT(A) - II/CIR.1/THN/581/2011 - 12 DATED 06 - 03 - 2014 . ASSESSMENT WAS FRAMED BY ACIT, CIR - 1, THANE FOR THE ASSESSMENT YEAR 200 9 - 10 U/S 143(3) OF THE INCOME TAX ACT , 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORDER DATED 0 9 - 11 - 2011 . 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGAINST THE ORDER OF THE CIT(A) CONFIRMING THE ACTION OF THE AO MAKING ADDITION IN RESPECT OF INCOME BY WAY OF PROFESSIONAL RE CEIPTS ON THE BASIS OF FORM 26AS BEING ANNUAL TAX STATEMENT ISSUED U/S. 203AA OF THE INCOME TAX ACT, 1961. 3. AT THE OUTSET, IT IS NOTICED THAT THE NOTICE FOR HEARING WAS SENT BY REGD POST (A/D) ON TWO - THREE OCCASIONS, BUT THE ASSESSEE DID NOT TURN UP TO DAY . ALSO N ONE APPEARED ON BEHALF OF THE ASSESSEE . DUE TO SMALLNESS OF AMOUNT INVOLVED IN THIS APPEAL, WE DECIDED THE DISPOSE OF THE APPEAL ON MERITS EX - PARTE. ITA NO . 2526/MUM/2014 - ANIL VISHNU MANDUSKAR A - JM 2 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND GONE THROUGH THE FACTS AND CIRCUMSTANCES OF THE CASE . WE FIND THAT THE ASSESSEE HAS FILED HIS RETURN OF INCOME DECLARING THE INCOME ON ACCOUNT OF PROFESSION AS WELL AS SALARY AS DIRECTOR FOR A SUM OF RS.1,07,50,250/ - . THE ASSESSEE DURING THE COURSE OF ASSESSMENT PROCEEDINGS FILED REVISED TOTAL INCOME BY INC LUDING ADDITIONAL PROFESSIONAL RECEIPTS OF RS.1,74,000/ - . THE AO ON VERIFICATION NOTICED STILL THERE WAS A DIFFERENCE OF RS.1,16,000/ - . THE ASSESSEE COULD NOT EXPLAIN THE DIFFERENCE. HENCE, HE MADE THE ADDITION. AGGRIEVED, THE ASSESSEE PREFERRED APPEAL BEF ORE THE CIT(A). HE ALSO CONFIRMED THE ACTION OF THE AO ONLY ON THE REASON THAT THE ASSESSEE HAS NOT FURNISHED ANY CLARIFICATION FROM THE DEDUCTOR IN RESPECT OF ISSUE OF INCORRECT CERTIFICATE IN FORM NO. 16 A REFLECTING THE PROFESSIONAL RECEIPTS OF RS.5,22, 000/ - . WE ARE OF THE VIEW THAT LET THIS FACT AGAIN BE ALLOWED TO BE CONTROVERTED BY THE ASSESSEE. HENCE, ONE MORE OPPORTUNITY SHOULD BE GIVEN TO THE ASSESSEE BY THE AO . ACCORDINGLY, WE REMIT THE MATTER BACK TO THE FILE OF THE AO FOR FRESH ADJUDICATION. THE AO IS DIRECTED TO ALLOW REASONABLE OPPORTUNITY TO THE ASSESSEE FOR THE SAME. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 28 . 06.2016 DATED : 28 - 06 - 2016 *PP /SR.P.S. SD/ - RAMIT KOCHAR ACCOUNTANT MEMBER SD/ - MAHAVIR SINGH JUDICIAL MEMBER ITA NO . 2526/MUM/2014 - ANIL VISHNU MANDUSKAR A - JM 3 COPY OF THE ORDER FORWARDED TO: 1 . A PPELLANT /ASSESSEE: ANIL VISHNU MANDUSKAR 9 SURACHI ANNEXE, DR. MOOSE ROAD, THANE (WES) 400602. 2 RESPONDENT : THE ACIT, CIR - (1) , ASHAR IT PARK, 6 TH FLOOR, ROAD NO. 16Z, WAGLE INDUSTRIAL ESTATE, THANE - 400604. 3 . THE CIT, 4 . THE CIT(A), MUMBAI 5 . DR, MUMBAI BENCHES, MUMBAI TRUE COPY , BY ORDER , / ASSTT. REGISTRAR