BHUMIRAJ CONSTRUCTIONS, NAVI MUMBAI V. CIT 15, MUMBAI

ITA 2875/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2995 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 28-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N P SINGH
• Assessee Lawyers: PRADIP N KAPASHI
• Section: 263

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.2875/MUM/2014 ASSESSMENT YEAR 2009-10 M/S BHUMIRAJ CONSTRUCTIONS D/5-6, BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI-4000703 / VS. JCIT-15(1), MUMBAI ( !' # /ASSESSEE) ( $ / REVENUE) PAN. NO. AAFFB354 6H !' # / ASSESSEE BY SHRI PRADIP N. KAPASHI $ / REVENUE BY SHRI N.P.SINGH CIT-DR $% & # ' / DATE OF HEARING : 20/10/2015 & # ' / DATE OF ORDER: 20/10/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 28/02/2014 OF THE COMMISSIONER OF INCOME TAX, MUMBA I, INVOKING REVISIONAL JURISDICTION U/S 263 OF THE INC OME TAX ACT, 1961 (HEREINAFTER THE ACT). BHUMIRAJ CONSTRUCTIONS ITA NO.2875/MUM/2014 2 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, SHRI PRADIP N. KAPASI, CONTENDED THAT PURSUANT TO THE DIRECTION CONTAINED IN THE ORDER DATED 28/02 /2014 (IMPUGNED ORDER), THE LD. ASSESSING OFFICER VIDE OR DER DATED 30/09/2015 HAS GIVEN EFFECT TO THE ORDER AND FURTHE R THE TRIBUNAL VIDE ORDER DATE 11/12/2014 (ITA NO.5195/MU M/ 2012)(A.Y. 2009-10) AND (ITA NO.3380/MUM/2012(A.Y. 2008-09) SET ASIDE THE ORDER OF THE LOWER AUTHORITI ES FOR MAKING ADDITION BY ESTIMATING 10% PROFIT ON WORK IN PROGRESS FOR BOTH THE YEARS. THE ASSESSING OFFICER WAS DIRECTED TO REFRAME THE ASSESSMENT IN THE LIGHT OF THE OBSERVATION MADE IN THE ORDER DATED 11/12/2014 (SUP RA). IT WAS CONTENDED THAT THE PRESENT APPEAL HAS BECOME IN - FRUCTUOUS. 2.1. ON THE OTHER HAND, THE LD. CIT-DR, SHRI N.P. SINGH, THOUGH DEFENDED THE INVOCATION OF REVISIONAL JURISD ICTIONAL BY THE LD. COMMISSIONER BUT DID NOT CONTROVERT THE ASS ERTION MADE BY THE ASSESSEE. THE ASSESSEE HAS FURNISHED CO PIES OF THE ORDERS GIVING EFFECT TO THE ORDER OF THE TRIBUN AL AND ALSO OF THE LD. COMMISSIONER. 2.2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW O F THE ABOVE, SINCE, EFFECT HAS ALREADY BEEN GIVEN TO THE DIRECTION OF THE LD. COMMISSIONER OF INCOME TAX (IMPUGNED ORDER) AND ALSO OF THE TRIBUNAL, THEREFORE, THE PRESENT APPEAL DOES NOT SURVIVE AND IS DISMISSED AS IN-FRUCTUOUS. BHUMIRAJ CONSTRUCTIONS ITA NO.2875/MUM/2014 3 FINALLY, THE APPEAL OF THE ASSESSEE IS DISMISSED AS IN- FRUCTUOUS. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 20/10/2015. SD/- SD/- ( RAJESH KUMAR ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER % MUMBAI; ( DATED : 20/10/2015 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 1# ( *+ ) / THE CIT, MUMBAI. 4. 0 0 1# / CIT(A)- , MUMBAI 5. 3$4 .# , 0 *+' * 5 , % / DR, ITAT, MUMBAI 6. 6! 7% / GUARD FILE. / BY ORDER, /3+# .# //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % / ITAT, MUMBAI.