ANITA P. KOTHARI, MUMBAI V. ACIT CEN CIR-14, MUMBAI

ITA 3798/MUM/2009

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 6777 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 27-06-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 11-06-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KUSUM INGALE
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, J BENCH, MUMBAI. BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER I.T.A NO.3798/ MUM/2009: ASSESSMENT YEAR: 2004-05 ANITA P .KOTHARI, .. APPELLANT 50/52, KOTHARI CHAMBERS, RAMWADI, KALBADEVI ROAD, MUMBAI. PA NO.AGVPK 7725 P VS ACIT, CENTRAL CIRCLE-14 ,. RESPONDEN T AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. APPEARANCES: NONE, FOR THE APPELLANT KUSUM INGALE, FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR, AM 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER DATED 27.4.2009 OF THE CIT(A)-C-III, IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) R.W.S. 153A OF THE I.T.ACT, 1961, FOR THE ASSESSMENT YEARS 2004-05. 2. THE ONLY GROUND TAKEN IN THIS APPEAL IS THAT THE C IT(A) ERRED IN CONFIRMING THE ADDITION OF ` .89,612 PAID ON ACCOUNT OF COMMISSION @ 5% OF UNACCOUNTED MONEY FOR OBTAINING ACCOMMODATI ON ENTRIES OF LONG TERM CAPITAL GAINS. I.T.A NO.3798/ MUM/2009: ASSESSMENT YEAR: 2004-05 ANITA P .KOTHARI 2 3. WE FIND THAT THE HEARING HAD TO ADJOURN SEVERAL TIMES IN THIS CASE. TODAY WHEN THE MATTER WAS CALLED ON FOR HEARING, NONE APPE ARED ON BEHALF OF THE ASSESSEE, NOR THERE WAS ANY APPLICATION FOR ADJOURNMENT. W E ARE THEREFORE, OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL B EFORE THE TRIBUNAL. 4. IN ANY CASE, EVEN ON MERITS, THE CONCLUSIONS ARRIVED AT BY THE CIT(A) DO NOT CALL FOR ANY INTERFERENCE. THE ADDITIONS IMPUGNED I N APPEALS ARE ON ACCOUNT OF ALLEGED COSTS INCURRED ON ACCOUNT OF ORGANIZING BOGUS ENTRIES FOR LONG TERM CAPITAL GAIN. ONCE THE ASSESSEE HIMSELF ACCEPTS THAT LONG TERM C APITAL GAINS DISCLOSED BY THE ASSESSEE ARE BOGUS AND SURRENDERS THE SAID INCOME, IT IS A N ATURAL COROLLARY OF THE SAME THAT COSTS INCURRED ON ARRANGING THESE ENTRIES, WHI CH HAVE NOT BEEN ACCOUNTED FOR IN THE BOOKS ANYWAY, HAVE ALSO TO BE ADDED TO ASSESSE ES INCOME THE ADDITIONS MADE BY THE ASSESSING OFFICER, WHICH HAVE BEEN SUSTAINED IN APPEAL BY THE CIT(A), ARE THUS QUITE JUSTIFIED. THERE IS NO MATERIAL WHATSOE VER, OR ANY JUDICIAL PRECEDENT CITED BEFORE US, SO AS TO DISTURB THE FINDINGS OF THE A UTHORITIES BELOW. WE, THEREFORE, CONFIRM THE ACTION OF THE CTI(A) AND DECLINE TO INT ERFERE IN THE MATTER. 5. IN THE RESULT, APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARI NG I.E. ON 27.6.2011. SD/- (VIJAY PAL RAO) JUDICIAL MEMBER SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI, DATED 27 TH JUNE, 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)C-III, MUMBAI 4. COMMISSIONER OF INCOME TAX, C-I , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH J, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI I.T.A NO.3798/ MUM/2009: ASSESSMENT YEAR: 2004-05 ANITA P .KOTHARI 3