VIKRAM D'SOUZA, MUMBAI V. I.T.O.19(2)(3), MUMBAI

ITA 2862/MUM/2012

• Counselvise Citation: 286219914 RSA 2012
• Duration Of Justice: 2 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 27-08-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 27-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJN EESH K ARVIND
• Assessee Lawyers: IN PERSON
• Keywords: Depreciation
• Section: 144

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE HONBLE S/SHRI H.L. KARWA, PRESIDENT AND B. R.BASKARAN (AM) . . , . . , ./I.T.A. NO.2862/MUM/2012 ( / ASSESSMENT YEAR :2006-2007) VIKRAM DSOUZA GROSVENOR, 1 ST FLOOR, ST.CYRIL ROAD, BANDRA WEST, MUMBAI-400050 / VS. INCOME TAX OFFICER 19(2)(3), MUMBAI. ( / APPELLANT) .. ( !' / RESPONDENT) ./ #$ ./PAN/GIR NO. : AAGPD7671N % / APPELLANT BY : ASSESSEE IN PERSON !' & % /RESPONDENT BY : SHRI RAJ NEESH K ARVIND ' ( & ) * / DATE OF HEARING : 27.8.2014 +, & ) * /DATE OF PRONOUNCEMENT : 10.9.2014 / O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER DATED 25.1.2012 PASSED BY LD. CIT(A)-30, MUMBAI AND IT RE LATES TO THE ASSESSMENT YEAR 2006-07. 2. THE EFFECTIVE GROUNDS URGED BY THE ASSESSEE ARE AS UNDER : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, HON. CIT- A-30, MUMBAI, ERRED IN CONFIRMING THE ADDITION OF RS .21,52,566/- U/S 41(1) OF THE ACT, IN RESPECT OF SUNDRY CREDITORS WI THOUT LOOKING INTO THE DETAILS FILED BEFORE THE AO DURING THE REMAND PROCE EDINGS. I.T.A. NO.2862/MUM/2012 2 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, HON. CIT- A-30,MUMBAI, ERRED IN CONFIRMING THE DISALLOWANCE OF RS.4,55,687/- INCURRED AS FURNITURE MAKING EXPENSES WITHOUT LOOKI NG INTO THE DETAILS FURNISHED BEFORE THE AO DURING THE REMAND PROCEEDIN GS. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, HON. CIT- A-30, MUMBAI, ERRED IN CONFIRMING THE DISALLOWANCE O F RS.10,06,644/- BEING10 % OF THE TOTAL EXPENSES WITHOUT LOOKING INT O THE DETAILS FILED BEFORE THE AO DURING THE REMAND PROCEEDINGS. 4. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, HON. CIT- A-30, MUMBAI, ERRED IN CONFIRMING THE DISALLOWANCE O F DEPRECIATION ON FIXED ASSETS OF RS.84,787/- WITHOUT LOOKING INTO TH E DETAILS FILED BEFORE THE AO DURING THE REMAND PROCEEDINGS. 3. AT THE TIME OF HEARING, THE ASSESSEE SUBMITTED T HAT THE IMPUGNED ASSESSMENT ORDER WAS PASSED U/S 144 OF THE INCOME T AX ACT, 1961 (THE ACT), AS HE COULD NOT APPEAR BEFORE THE ASSESSING OFFICER DU E TO ILL HEALTH. AFTER RECEIPT OF THE ASSESSMENT ORDER, HE FILED APPEAL BEFORE THE LD . CIT(A) AND SUBMITTED THE EVIDENCES RELATING TO THE ADDITIONS MADE BY THE AO. HENCE, THE LD. CIT(A) CALLED FOR THE REMAND REPORT FROM THE AO AND IN THE REMAN D PROCEEDINGS ALSO, HE FILED ALL THE EVIDENCES AVAILABLE WITH HIM. HOWEVER, TH E LD. CIT(A) CONFIRMED THE ADDITIONS MADE BY AO WITH THE OBSERVATIONS THAT TH E ASSESSEE DID NOT FURNISH COMPLETE DETAILS. THE ASSESSEE INVITED OUR ATTENTIO N TO THE PAPER BOOK CONTAINING VOLUMINOUS DOCUMENTS. REFERRING TO THE INDEX OF THE PAPER BOOK, THE ASSESSEE SUBMITTED THAT HE HAS PREPARED THE LIST OF DOCUMENTS AVAILABLE IN THE PAPER BOOK AND THE NAME OF AUTHORITY BEFORE WHOM TH EY WERE FURNISHED. THE ASSESSEE SUBMITTED THAT HE WILL BE PUT IN IRREVOCAB LE LOSS, IF THESE DOCUMENTS ARE NOT PROPERLY CONSIDERED BY THE AUTHORITIES BELOW. HE ALSO SUBMITTED THAT ALL THE ADDITIONS MADE BY THE AO AND CONFIRMED BY THE LD. C IT(A) MAY GET DELETED, IF THE EXPLANATIONS AND INFORMATION ARE DULY CONSIDER ED. I.T.A. NO.2862/MUM/2012 3 4. ON THE CONTRARY, THE LD. DR PLACED STRONG RELIA NCE ON THE ORDERS OF LOWER AUTHORITIES. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND CAREFULL Y PERUSED THE RECORD AVAILABLE BEFORE US. FROM THE INDEX OF THE PAPER B OOK, WE NOTICE THAT THE ASSESSEE HAS GIVEN DETAILS OF DOCUMENTS THAT WERE F ILED BEFORE THE LD. CIT(A) AND /OR BEFORE THE AO. FROM THE ORDER OF THE LD. CIT(A), WE NOTICE THAT THE FIRST APPELLATE AUTHORITY HAS CONFIRMED ALL THE A DDITIONS WITH THE OBSERVATION THAT THE ASSESSEE HAS FAILED TO FURNISH THE COMPLET E DETAILS. WE NOTICE THAT THE LD. CIT(A) DID NOT MAKE ANY REFERENCE OF ANY OF T HE DOCUMENTS FILED BY THE ASSESSEE. DURING THE COURSE OF HEARING, THE ASSES SEE PRAYED THAT ALL THE ISSUES MAY BE SET ASIDE TO THE FILE OF THE AO FOR FRESH CO NSIDERATION AND APPRECIATION OF EVIDENCE. THE LD. DR ALSO DID NOT OBJECT TO THE SA ID PLEA MADE BY THE ASSESSEE. UNDER THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT ALL THE ISSUES SHOULD BE CONSIDERED AFRESH BY THE AO BY DULY CONSIDERING THE EXPLANATIONS AND INFORMATION THAT MAY BE SUBMITTED BY THE ASSESSEE. ACCORDINGLY, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE ALL THE ISS UES TO THE FILE OF THE AO WITH A DIRECTION TO EXAMINE THE ISSUES AFRESH BY DULY CONS IDERING THE EXPLANATION AND INFORMATION THAT MAY BE PROVIDED BY THE ASSESSEE AN D TAKE PROPER DECISION. THE ASSESSEE IS ALSO DIRECTED TO FULLY CO-OPERATE WITH THE AO FOR EXPEDITIOUS COMPLETION OF THE ASSESSMENT. I.T.A. NO.2862/MUM/2012 4 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 10TH SEPT, 2014. +, ' - ./ 0 1 10 SEPT, 2014 , & 5( 6 SD/- SD/- ( . . / H.L. KARWA) ( . . , / B.R. BASKARAN ) / PRESIDENT / ACCOUNTANT MEMBER . ' ( MUMBAI: 10TH SEPT,2014. . . ./ SRL , SR. PS ! ' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT. 3. ' 8) ( ) / THE CIT(A)- CONCERNED 4. ' 8) / CIT CONCERNED 5. 9: 5 !); , * ; , . ' ( / DR, ITAT, MUMBAI CONCERNED 6. 5 < ( / GUARD FILE. = ' / BY ORDER, TRUE COPY > # (ASSTT. REGISTRAR) * ; , . ' ( /ITAT, MUMBAI