A.C.I.T. CENTRAL CIRCLE - 33, MUMBAI V. MALA YOGIN JHAVERI, MUMBAI

ITA 2891/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 78692 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-04-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 27-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained investment; Opportunity of being heard; Additional evidence; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI . . , BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND , SHRI SANJAY ARORA, ACCOUNTANT MEMBER . / ITA NO.2891/MUM/2012 / ASSESSMENT YEAR 2009-10. THE ACIT, CENTRAL CIR.33, ROOM NO.32(2), GROUND FLOOR, AAYKAR BHAVAN, MK ROAD, MUMBAI 400020 / VS. SMT.MALA YOGIN JHAVERI, 29, NIDHI, KOTACHIWADI, V.P.ROAD, MUMBAI 400 004 ! ./ ' ./ PAN/GIR NO. : AEIPJ 5207J ( !# / APPELLANT ) .. ( $%!# / RESPONDENT ) !# & / APPELLANT BY: SHRI ARVIND KUMAR $%!# ' & / RESPONDENT BY : NONE ' () / DATE OF HEARING : 16/04/2014 * ' () / DATE OF PRONOUNCEMENT : 16/04/2014 + / O R D E R PER I.P.BANSAL, J.M: THIS IS AN APPEAL FILED BY THE REVENUE. IT IS DI RECTED AGAINST THE ORDER PASSED BY LD. CIT(A)-41, MUMBAI, DATED 01/02/2012 FOR ASSESSMENT YEAR 2009-10. GROUNDS OF APPEAL READ AS UNDER: 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW, THE LD. CIT(A) IS JUSTIFIED IN DIRECTING THAT ADDITION MADE ON ACCOUNT OF THE PAYMENTS MADE FOR PURCHASE OF PROPERTY THROUGH UNDISCLOSED A CCOUNTS MADE BY ASSESSING OFFICER HE DELETED. 2.WHETHER ON THE FACTS AND IN THE CIRCUMSTANCE OF THE CASE AND IN LAW THE LD. CIT (A) HAS ERRED IN ADMITTING ADDITIONAL EVIDENCE AS THE ASSESSEE WAS GRANTED SUFFICIENT OPPORTUNITY OF BEING HEARD AND ORDER WAS PASSED U/S 143(3). . / ITA NO.2891/MUM/2012 / ASSESSMENT YEAR 2009-10. 2 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW, THE LD. CIT. (A) ERRED IN ACCEPTING THE ADDITIONAL EVIDENCE PROVIDED BY THE ASSESSEE IN CONTRAVENTION OF CLEAR PROVISIONS OF 46A OF INCOME TAX RULES, 1962. 4. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) IS JUSTIFIED IN DELETING ADDITION OF RS.22,1 87/- BEING UNEXPLAINED INVESTMENT IN FDR WHEN ASSESSEE HAS NOT FILED ANY E VIDENCE REGARDING SOURCES OF ITS ACQUISITION BEFORE THE ASSESSING OFFICER. 5.WHETHER, ON FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, CIT( A IS JUSTIFIED IN DELETING ADDITION OF RS. 22,187/- ON A CCOUNT OF UNEXPLAINED INVESTMENTS BY ADMITTING ADDITIONAL EVIDENCES AS AS SESSING OFFICER HAS ALLOWED SUFFICIENT OPPORTUNITIES TO THE ASSESSEE TO PRODUCE EVIDENCES AT THE TIME OF ASSESSMENT PROCEEDINGS TO EXPLAIN THE SOURCES OF IN VESTMENTS. 2. THIS APPEAL WAS EARLIER FIXED FOR HEARING ON 15/ 4/2014 AND FROM THE GROUNDS OF APPEAL IT WAS OBSERVED THAT TAX EFFECT MAY BE LESS THAN RS.3.00 LACS. THEREFORE, TO ENABLE LD. DR TO COMPUTE TAX E FFECT, THE MATTER WAS ADJOURNED TO 16/4/2014. ON 16/4/2014 LD. DR HAS SU BMITTED BEFORE US A LETTER DATED 15/4/2014 RECEIVED FROM THE CONCERNED A.O IN WHICH IT HAS BEEN MENTIONED THAT THE TAX EFFECT INVOLVED IN THE PRES ENT APPEAL IS ONLY A SUM OF RS.1,97,221/- AND, THUS, THE AMOUNT IS BELOW TAX EF FECT LIMIT OF RS.3.00 LACS PRESCRIBED FOR FILING THE APPEAL BEFORE THE TRIBUNA L AS PER INSTRUCTION NO 3/2011, F NO.279/MISC.142/2007-/ITJ DATED 09/02/201 1. COPY OF THE SAID LETTER WAS PLACED ON OUR RECORD. 3. IN THIS VIEW OF THE SITUATION FINDING THAT TAX EFFECT IS LESS THAN THE PRESCRIBED LIMIT, WE DISMISS THE REVENUES APPEAL INLIMINE ON ACCOUNT OF LOW TAX EFFECT. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/04/2014 + ' * - ./ 16 /04/2014 ' 0 1 SD/- SD/- ( / SANJAY ARORA ) ( . . / I.P. BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; . DATED 16/04/2014 . / ITA NO.2891/MUM/2012 / ASSESSMENT YEAR 2009-10. 3 + + + + ' '' ' $(2 $(2 $(2 $(2 32 ( 32 ( 32 ( 32 ( / COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. $%!# / THE RESPONDENT. 3. 4 ( ) / THE CIT(A)- 4. 4 / CIT 5. 250 $( , , / DR, ITAT, MUMBAI 6. 06 7 / GUARD FILE. + + + + / BY ORDER, %2( $( //TRUE COPY// 8 88 8 / 9 9 9 9 (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . . ./ VM , SR. PS