MANMEET SINGH NANRA, MUMBAI V. ITO WD 24(3)(2), MUMBAI

ITA 3819/MUM/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 0504 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 25-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B N RAO A R MS N HEMALATHA
• Keywords: Additional evidence
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH SMC, MUMBAI BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER ITA NO.3819/M/2017 ASSESSMENT YEAR: 2006-07 M/S. MANMEET SINGH NANRA, C/O M/S. NEW INDIA ENGG. TOOLS CORPORATION, 9, UNIVERSAL INDUSTRIAL ESTATE, I B PATEL ROAD, GOREGAON (EAST), MUMBAI PAN: ABYPN1941L VS. INCOME TAX OFFICER, WARD 24(3)(2), MUMBAI (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI B.N. RAO, A.R. REVENUE BY : MS. N. HEMALATHA, D.R. DATE OF HEARING : 01.01.2018 DATE OF PRONOUNCEMENT : 31.01.2018 O R D E R PER D.T. GARASIA, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 19.08.2016 OF THE COMMISSIONER OF I NCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] R ELEVANT TO ASSESSMENT YEAR 2006-07. 2. THIS APPEAL IS FILED BY DELAY OF 155 DAYS. THE LD. A.R. SUBMITTED THE AFFIDAVIT WHEREIN THE ASSESSEE SUBMIT TED THAT THE ASSESSEE HAD ENTRUSTED THE WORK TO HIS ERSTWHILE CH ARTERED ACCOUNTANT WHO HANDLED THE MATTER BEFORE CIT(A) TO GUIDE HIM IN THE MATTER FURTHER. SINCE THERE WAS NO COMMUNICATI ON FROM THE ERSTWHILE CHARTERED ACCOUNTANT AS TO WHETHER APPEAL IS FILED BEFORE ITA NO.3819/M/2017 M/S. MANMEET SINGH NANRA 2 THE ITAT, THE ASSESSEE APPROACHED THE PRESENT CHART ERED ACCOUNTANT. HE PRAYED THAT IN VIEW OF THESE CIRCUMSTANCES THE D ELAY OCCURRED IN FILING THE APPEAL BEFORE THE TRIBUNAL AND HENCE THE DELAY MAY BE CONDONED. 3. I HAVE GONE THROUGH THE AFFIDAVIT AND FOUND THAT THE REASON MENTIONED IN THE AFFIDAVIT IS GENUINE. HENCE, I CO NDONE THE DELAY AND PROCEED TO DISPOSE THE APPEAL. 4. THE SHORT FACTS OF THE CASE ARE AS UNDER: ASSESSEE IS AN INDIVIDUAL FILED THE RETURN OF INCO ME FOR A.Y. 2006-07 UNDER CONSIDERATION DECLARING A TOTAL INCOM E OF RS.1,18,030/-. THE ASSESSING OFFICER (HEREINAFTER REFERRED TO AS THE AO) HAD AIR INFORMATION AND THE FOUND THAT THE TOTA L BANK DEPOSITS OF RS.18,10,687/-. THE AO NOTED THAT ASSESSEE HAS NOT DECLARED THIS AMOUNT IN RETURN OF INCOME. ASSESSEE HAD DECLARED SALE OF GOODS OF RS.1,98,500/- AND LONG TERM CAPITAL LOSS. AO ISSUE D A SEVERAL NOTICES TO THE ASSESSEE BUT ASSESSEE DID NOT REPLY. THEREF ORE, ASSESSMENT WAS DONE UNDER SECTION 144 OF THE ACT. 5. MATTER CARRIED TO THE LD. CIT(A) AND BEFORE THE LD. CIT(A) THE ASSESSEE HAD SUBMITTED ADDITIONAL EVIDENCE WHICH HA D BEEN OBJECTED BY THE LD. CIT(A) AND THE LD. CIT(A) DID NOT ALLOW THE APPEAL OF THE ASSESSEE. THEREFORE, THE ASSESSEE IS IN APPEAL BEF ORE ME. 6. DURING THE COURSE OF HEARING, THE LD. A.R. HAS S UBMITTED TWO SET OF PAPER BOOK BEFORE ME AND SUBMITTED THAT THIS EVIDENCE MAY BE ITA NO.3819/M/2017 M/S. MANMEET SINGH NANRA 3 ADMITTED AND IT MAY BE VERIFIED BY THE AO FROM THE RESPECTIVE BANK AND RETURN OF INCOME MAY ALSO BE VERIFIED BY THE AO . THEREFORE, IF THIS EVIDENCE IS CONSIDERED, THEN NO ADDITION IS CA LLED FOR. THEREFORE, IT MAY BE ADMITTED AND MATTER MAY BE RESTORED TO AO . 7. THE LD. D.R. OBJECTED TO IT. 8. HAVING HEARD BOTH THE PARTIES AND LOOKING TO THE FACTS AND CIRCUMSTANCES OF THE CASE, I FIND THAT LD. CIT(A) D ID NOT ADMIT THIS ADDITIONAL EVIDENCE WHICH GOES TO THE ROUTE OF THE CASE. I FIND THAT THE ASSESSEE HAS SUBMITTED THE EVIDENCES VIZ. A BAN K STATEMENT, BILL OF JEWELLERY PURCHASED, HDFC BANK STATEMENT SUMMARY , PURCHASE OF OLD MACHINERY, SALE BILL OF OLD MACHINERY, INCOME T AX RETURN OF ASSESSEES FATHER AND INCOME TAX RETURN OF ASSESSEE S MOTHER, LETTER OF RELATIVE ALONG WITH LETTER SUBMITTED TO AO. I ADMI T ALL THESE ADDITIONAL EVIDENCES AND HENCE RESTORE THIS MATTER BACK TO THE FILE OF AO AND AO IS DIRECTED TO DECIDE THE MATTER AFRESH. 9. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 31.01.2018. SD/- (D.T. GARASIA) JUDICIAL MEMB ER MUMBAI, DATED: 31.01.2018. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI ITA NO.3819/M/2017 M/S. MANMEET SINGH NANRA 4 THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.