ITO 28(2)(2), NAVI MUMBAI V. MANISH KISHORILAL CHATWANI, NAVI MUMBAI

ITA 3835/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8106 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 08-03-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 22-06-2015
• Court: TRIBUNAL

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES , C MUMBAI , , , BEFORE SHRI JOGINDER SINGH, J UDICIAL M EMBER, A ND SHRI MANOJ KUMAR AGGARWAL , A CCOUNTANT M EMBER ITA NO . 3835 /MUM/2015 ASSESSMENT YEAR: 20 10 - 11 INCOME TAX OFFICER 28(2)(2), NAVI MUMBAI 400 703 / VS. SHRI MANISH KISHORILAL CHATWANI, R.NO.211, ANNAPURNA BLDG.,2 ND FLOOR, PLOT NO.8, SECTOR 1B, NAVI MU MBAI 400 705 ( / REVENUE) ( /ASSESSEE) PAN. NO . AACPC8536F / DATE OF HEARING: 0 8 /0 3 /2017 / DATE OF ORDER : 08 /03 /2017 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 27/03/2015 DELETING THE ADDITION OF / REVENUE BY MR. RAJAT MITTAL - DR / ASSESSEE BY NONE ITA NO. 3835/MUM/2015 SHRI MANISH KISHORILAL CHATWANI 2 RS.2,31,54,644/ - MADE ON PROTECTIVE BASIS IN THE CASE OF THE ASSESSEE. 2. DURING H EARING OF THIS APPEAL, NONE WAS PRESENT FOR THE ASSESSEE. HOWEVER, WE FIND THAT THE TRIBUNAL IN THE CASE OF TULIP INTERNATIONAL VS. INCOME TAX OFFICER (ITA NO. 369/KOL/2015) ORDER DATED 13/08/2015 , VIDE PARA 10 OF THE ORDER ONE AFFIDAVIT WAS FILED BY SHRI M ANISH K CHATWANI. EARLIER THE ASSESSEE WAS CONTESTING THAT THE RECEIPT DID NOT BELONG TO IT, HOWEVER, TH E IMPUGNED RECEIPTS WERE OWNED UP IN THE CASE OF TULIP INTERNATIONAL, WHEREIN SUBSTANTIVE ADDITION WAS MADE. THIS FACTUAL MATRIX WAS CONSENTED TO BE COR RECT BY LEARNED DR TO THE FACT THAT SUBSTANTIVE ADDITION HAS BEEN MADE IN THE CASE OF M/S. TULIP INTERNATIONAL. IN VIEW OF THIS FACT, WE ARE OF THE VIEW THAT THE PROTECTIVE ADDITION MADE IN THE HANDS OF THE ASSESSEE WILL NOT SURVIVE. 3. HOWEVER, WE FIND T HAT THE BENCH OBSERVED THAT THE DEPOSITS WERE NOT EXAMINED BY THE LOWER AUTHORITIES. CONSIDERING THE FACTS THE MATTER WAS REMANDED TO THE FILE OF THE ASSESSING OFFICER BY THE KOLKATA BENCH VIDE AFORESAID ORDER DATED 13/08/2015. IN VIEW OF THIS FACT, THOUGH WE DELETE THE PROTECTIVE ADDITION, BUT IN CASE THE SUBSTANTIVE ADDITION IS CHALLENGED IN THE CASE OF TULIP INTERNATIONAL THEN, THE DEPARTMENT IS FREE TO PROCEED IN ACCORDANCE WITH LAW IN THE CASE OF THE PRESENT ASSESSEE. WITH THIS OBSERVATION, THE APPEAL OF THE REVENUE IS DISMISSED . ITA NO. 3835/MUM/2015 SHRI MANISH KISHORILAL CHATWANI 3 4. FINALLY, THE APPEAL OF THE REVENUE IS DISPOSED OF IN TERMS INDICATED HEREINABOVE. TH IS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CO NCLUSION OF THE HEARING ON 08 / 0 3 /2017. SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 08 /0 3 /2017 KARUNA , SR. P.S/. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT (RESPECTIVE ASSESSEE) 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A) - , MUMBAI , 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI ITA NO. 3835/MUM/2015 SHRI MANISH KISHORILAL CHATWANI 4 THIS ORDER WAS DIRECTLY DICTATED TO THE SR.PS/PS ON COMPUTER 1. DRAFT DICTATED ON 08/03/2017 SR.PS /PS 2. DRAFT PLACED BEFORE AUTHOR 08/03/2017 SR.PS /PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 08/03/2017 JM/AM 4. DRAFT DISCUSS ED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS /PS 6. DATE OF PRONOUNCEMENT 08/03/2017 SR.PS /PS 7. FILE SENT TO THE BENCH CLERK SR.PS /PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER