SATYABHAMA V. RAJGARHIA, MUMBAI V. DCIT CIR 22(2), NAVI MUMBAI

ITA 4048/MUM/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1198 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2017
• Appeal Filed By: Assessee
• Bench Allotted: E
• Next Hearing Date: 04-03-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 20-05-2013
• Court: TRIBUNAL
• Department Lawyers: MRS ARJU GARODIA
• Keywords: Bogus purchase; Opportunity of being heard; Principle of natural justice

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA NO. 4048/M/2013 (AY 2009 - 2010) SMT. SATYABHAMA VINOD RAJGARHIA, C/O. R.C. RASHAMWALA & CO., CHARTERED ACCOUNTANTS, 323, VARMA CHMBERS, 11, HOMJI STREET, FORT, MUMBAI - 400001. / VS. DCIT, CIRCLE - 22(2), TOWER NO.6, 4 TH FLOOR, VASHI RLY. STATION BLDG., COMPLEX, VASHI, NAVI MUMBAI. ./ PAN : ACQPR8876D ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI KIRIT SANGHVI / RESPONDENT BY : MRS. ARJU GARODIA, DR / DATE OF HEARING : 08.03.2017 / DATE OF PRONOUNCEMENT : 12 .04.2017 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE ASSESSEE ON 20.5.2013 IS AGAINST THE ORDER OF THE CIT (A) - 33, MUMBAI DATED 18.3.2013 FOR THE ASSESSMENT YEAR 2009 - 2010. 2. THE ONLY ISSUE RAISED IN THIS APPEAL RELATES TO THE ADDITION OF 26,98,502/ - ON ACCOUNT OF BOGUS PURCHASES. BEFORE US, LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT AN IDENTICAL ISSUE CAME UP FOR ADJUDICATION IN THE CASE OF SHRI RAKESH KUMAR M. GUPTA AND HIS FAMILY MEMBERS. IN THIS REGAR D, AT THE OUTSET, LD COUNSEL FOR THE ASSESSEE FILED COPIES OF THE ORDER OF THE ORDER OF THE TRIBUNAL IN THE ASSESSEE S OWN CASE FOR THE AY 2006 - 07 TO 2008 - 2009 VIDE ITA NOS.473 TO 475/MUM/2015 (AYS 2006 - 07 TO 2008 - 09), DATED 1.7.2016 AND MENTIONED THAT THE FACTS ARE IDENTICAL AND THEREFORE, ACCORDING TO HIM, THE MATTER STANDS COVERED IN FAVOUR OF THE ASSESSEE. BRINGING OUR ATTENTION TO PARA 5.1 OF THE SAID TRIBUNALS ORDER (SUPRA), LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ADDITION ON ACCOUNT OF BOGUS PURCHASES STANDS DELETED AND READ OUT THE FOLLOWING: - 2 5.1. RESPECTFULLY FOLLOWING THE SAID DECISION, DELETE THE ADDITION IN RESPECT OF UNEXPLAINED / UNPROVED PURCHASES IN EACH OF THE ASSESSMENT YEAR IE., 2006 - 07, 2007 - 08 AND 2008 - 09. 3. CONSIDERING THE ABOVE, WE ARE OF THE OPINION THAT THE MATTER SHOULD BE REMANDED TO THE FILE OF THE AO FOR EXAMINING THE FACTS AND THE SIMILARITY OF THE SAME WITH THAT OF THE ISSUES RAISED IN THE ABOVE REFERRED AY 2006 - 07 TO 2008 - 09 AND DECIDE THE ISSUE AFRESH AFTER AFFORD ING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AS PER THE SET PRINCIPLES OF NATURAL JUSTICE. ACCORDINGLY, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRO NOUNCED IN THE OPEN COURT ON 1 2 T H APRIL, 2017. S D / - S D / - ( SANDEEP GOSAIN) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 12.04.2017 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI