MUKESH CHOKSI, MUMBAI V. ACIT CEN CIR 46, MUMBAI

ITA 4163/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3336 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 12-06-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AKTHAR H ANSARI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM ITA NO. 4163/ MUM/ 2018 ( ASSESSMENT YEAR: 2011 - 12 ) MR. MUKESH M CHOKSI BLOCK H, SHRI SADASHIV CHS LTD, 6 TH ROAD SANTACRUZ (E) MUMBAI 400 055 VS. THE ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 46 MUMBAI PAN/GIR NO. AAAPC7767J (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI MUKESH CHOKSI REVENUE BY SHRI AKTHAR H ANSARI DATE OF HEARING 06 / 11 / 2019 DATE OF PRONOUNCEMENT 13 / 11 /2019 / O R D E R PER: R.C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A) - 22, MUMBAI IN APPEAL NO.CIT(A) - 22/IT/162/2015 - 16 DATED 05/04/2018 FOR THE A.Y.2011 - 12 IN THE MATTER OF ORDER PASSED U/S.143(3) OF THE INCOME TAX A CT, 1961. 2. THE GRIEVANCE OF ASSESSEE RELATES TO DISALLOWANCE OF INTEREST ON HOUSING LOAN AMOUNTING TO RS.10,07,688/ - AND MUNICIPAL TAXES OF RS.1,15,691/ - . THE ASSESSEE IS ALSO AGGRIEVED FOR DEDUCTION OF REPAYMENT OF HOUSING LOAN AMOUNTING TO RS.62,151/ - . 2 ITA NO. 4163/MUM/2018 SHRI MUKESH CHOKSI 3. I HAVE GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOUND THAT THESE CLAIMS WERE DECLINED BY THE AO BECAUSE DOCUMENTARY EVIDENCES WERE NOT FILED BEFORE HIM. HOWEVER, BEFORE ME, THE ASSESSEE HAS FILED A CERTIFICATE OF BANK DATED 08/01/2014 INDIC ATING THE PAYMENT OF INTEREST AND PRINCIPLE AMOUNT. HOWEVER, I OBSERVE THAT THIS CERTIFICATE INDICATES PROJECTION OF REPAYMENT. SINCE, THESE ARE DOCUMENTS PLACED BEFORE ME FOR THE FIRST TIME, IN ALL FAIRNESS, I RESTORE THE MATTER BACK TO THE FILE OF THE AO FOR DECIDING AFRESH AFTER CONSIDERING THESE DOCUMENTS AND GIVING DUE OPPORTUNITY TO THE ASSESSEE. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 13 / 11 / 2019. SD/ - (R.C.SHARMA) ACCOUNTANT MEMBER MUMBAI; DATED 13 / 11 /2019 KARUNA, SR. PS 3 ITA NO. 4163/MUM/2018 SHRI MUKESH CHOKSI COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBA I 6. GUARD FILE. //TRUE COPY//