MADHVI RAKSHA SANKALP, MUMBAI V. CIT (E), MUMBAI

ITA 3090/MUM/2017

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8105 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 28-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA N O. 3090 / MUM/2017 ( ASSESSMENT YEAR : 20 12 13 ) MADHVI RAKSHA SANKALP NIRAMAL NIKETAN 2 ND DR. BHAJREKAR STREET MUMBAI 400 004 PAN AAATM7188H . APPELLANT V/S INCOME TAX OFFICER (E) WARD 2(1), MUMBAI . RESPONDENT ASSESSEE BY : SHR I RAJESH P. SHAH RE VENUE BY : SHRI B. SRINIVAS DATE OF HEARING 1 8 .1 2 .201 7 DATE OF ORDER 18.12.2017 O R D E R PER SAKTIJIT DEY, J.M. THE CAPTIONED APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DATED 27 TH MARCH 201 7 , PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT ) BY THE LEARNED COMMISSIONER OF INCOME TAX (EXEMPTION) , MUMBAI , FOR A SSESSMENT Y EAR 20 12 13 . 2 MADHVI RAKSHA SANKALP 2 . HEARD SHRI RAJESH P. SHAH, LEARNED AUTHORISED REPRESENTATIVE FOR THE ASSESSEE AND SHRI B. SRINIVAS, LEARNED DEPARTMENTAL REPRESENTATIVE (CIT) FOR THE REVENUE. 3 . ON A PERUSAL OF SHOW CAUSE NOTICE DATED 6 TH MARC H 2017, ISSUED UNDER SECTION 263 OF THE ACT A COPY OF WHICH IS AT PAGE 17 OF THE PAPER BOOK, IT IS NOTICED THAT THE LEARNED COMMISSIONER OF INCOME - TAX CONSIDERED THE ASSESSMENT ORDER DATED 9 TH MARCH 2015, PASSED UNDER SECTION 143(3) OF THE ACT FOR THE IMPU GNED ASSESSMENT YEAR TO BE ERRONEOUS AND PREJUDICIAL TO THE INTERESTS OF REVENUE ON THE FOLLOWING TWO ISSUES: I ) THE ASSESSING OFFICER FAILED TO ADD BACK THE SURPLUS SHOWN OF ` 1,78,150; AND II ) TDS OF ` 29,28,822 CLAIMED BY THE ASSESSEE AS EXPENSES BY REDUCING FROM INTEREST AND OTHER INCOME SHOULD HAVE BEEN DISALLOWED BY THE ASSESSING OFFICER. 4 . HOWEVER, AS COULD BE SEEN FROM THE IMPUGNED ORDER PASSED UNDER SECTION 263 OF THE ACT, THE LEARNED COMMISSIONER OF INCOME - TAX DEALT WITH A COMPLETELY NEW ISSUE BY DIRECTING THE ASSESSING OFFICER TO ENQUIRE INTO AND VERIFY THE DONATION RECEIVED OF ` 85 LAKH. THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED , AS FAR AS THE ISSUE RELATING TO DISALLOWANCE OF TDS AMOUNTING TO ` 29,28,822, THE LEARNED 3 MADHVI RAKSHA SANKALP COMMISSIONER OF INCOME - TAX BEING SATISFIED WITH THE EXPLANATION OF THE ASSESSEE HAS DROPPED THE PROCEEDINGS UNDER SECTION 263 OF THE ACT IN RESPECT OF SUCH ISSUE. HE SUBMITTED, AS FAR AS THE SURPLUS OF ` 1,78,150 IS CONCERNED, THE ASSESSING OFFICER IN THE FRESH ASSESS MENT ORDER PASSED UNDER SECTION 143(3) R/W SECTION 263 OF THE ACT , THOUGH , HAS MADE THE ADDITION OF THE SAID AMOUNT, HOWEVER, THE ASSESSEE HAS ACCEPTED SUCH ADDITION. INSOFAR AS DIRECTION OF THE LEARNED COMMISSIONER OF INCOME - TAX TO VERIFY THE DONATION REC EIVED OF ` 85 LAKH IS CONCERNED, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED , THE LEARNED COMMISSIONER OF INCOME - TAX WITHOUT GIVING ANY OPPORTUNITY TO THE ASSESSEE HAD ISSUED SUCH DIRECTION TO THE ASSESSING OFFICER. HOWEVER, HE SUBMITTED, IN THE ASSES SMENT ORDER PASSED UNDER SECTION 143(3) R/W SECTION 263 OF THE ACT IN PURSUANCE TO THE DIRECTIONS OF THE LEARNED COMMISSIONER INCOME TAX , THE ASSESSING OFFICER AFTER VERIFYING THE EVIDENCES FURNISHED BY THE ASSESSEE HAS ACCEPTED THE GENUINENESS OF ` 85 LAK H . I N VIEW OF THE AFORESAID FACTUAL POSITION , THE LD. AUTHORISED REPRESENTATIVE SUBMITTED, HE WOULD NOT LIKE TO PRESS THE GROUNDS RAISED IN THE PRESENT APPEAL. 5 . CONSIDERING THE AFORESAID SUBMISSIONS OF THE LEARNED AUTHORISED REPRESENTATIVE , WE DISMISS ALL THE GROUNDS RAISED IN THIS APPEAL AS NOT PRESSED. 4 MADHVI RAKSHA SANKALP 6 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.12.2017 SD/ - B.R. BASKARAN ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 18.12.2017 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (DY./ASSTT. REGISTRAR) ITAT, MUMBAI