MAFATLAL R. MEHTA, MUMBAI V. DCCC 2(1), MUMBAI

ITA 4311/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 7924 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-02-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 22-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR LD
• Section: 143(3); 153A

Judgement Text

ITA.NO.4305 TO 4311/MUM/2016 MAFATLAL R.MEHTA ASSESSMENT YEARS-2005-06 TO 2011-12 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI . . , , BEFORE SHRI D.T. GARASIA, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.4305 TO 4311/MUM/2016 ( / ASSESSMENT YEARS : 2005-06 TO 2011-12) MAFATLAL R.MEHTA (ALIAS MAFATLAL CHAJJED) (PROP. KAMANI STEEL CENTRE) C-22, ISWAR NIWAS 5 TH FLOOR,SIKKA NAGAR V.P.ROAD MUMBAI-400 004 / VS. DEPUTY COMMISS IONER OF INCOME TAX CENTRAL CIRCLE 2(1) MUMBAI ! ./ ./PAN/GIR NO. AAEPM-6567-E ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) A SSESSEE BY : NONE RE VENUE BY : SUMAN KUMAR, LD. SR. DR / DATE OF HEARING : 25/10/2017 / DATE OF PRONOUNCEMENT : 13/12 /2017 / O R D E R PER BENCH 1. THE CAPTIONED APPEALS BY ASSESSEE FOR ASSESSMENT YEARS [AY] 2005-06 TO 2011-12 ASSAILS SEPARATE ORDER OF FIRST APPELLATE AUTHORITY. SINCE SIMILAR ISSUE IS INVOLVED, WE DISPOSE-OFF THE SAME BY WAY OF THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE AND BREVIT Y. NONE HAS APPEARED ON BEHALF OF ASSESSEE DESPITE BEING PROVID ED WITH ADEQUATE ITA.NO.4305 TO 4311/MUM/2016 MAFATLAL R.MEHTA ASSESSMENT YEARS-2005-06 TO 2011-12 2 OPPORTUNITIES OF BEING HEARD AS PER ORDER SHEET ENT RIES AND NO VALID ADJOURNMENT APPLICATION IS ON RECORD. LEFT WITH NO OPTION, WE PROCEED TO DECIDE THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING LD. DEPARTMENTAL REPRESENTATIVE [DR]. FIRST WE TAKE UP ITA NO. 4307/MUM/2016 FOR AY 2005-06 WHICH CONTEST CONFIRMA TION OF CERTAIN ADDITIONS BY LD. COMMISSIONER OF INCOME TAX (APPEAL S), MUMBAI [IN SHORT CIT(A)]. 2.1 FACTS LEADING TO THE SAME ARE THAT THE ASSESSEE BEING RESIDENT INDIVIDUAL DERIVING INCOME FROM SALE OF SHARES AND COMMISSION INCOME WAS SUBJECTED TO AN ASSESSMENT U/S 143(3) READ WITH SECTION 153A CONSEQUENT TO SEARCH OPERATIONS ON HYDROAIR TECTONICS (PCD) LTD. AND ITS PROMOTERS AND GROUP COMPANIES. 2.2 THE ASSESSEE, BEING PROPRIETOR OF KAMANI STEEL CENTRE , ADMITTED UNDER STATEMENT OF OATH U/S 132(4) OF PROVIDING BOGUS BILLS / ACCOMMODATION BILLS TO HYDROAIR TECTONICS (PCD) LTD. AND VARIOUS OTHER CONCERNS AGAINST COMMISSION. THE LD. AO, UPON FACTU AL MATRIX, ESTIMATED COMMISSION INCOME AT RS.1 LACS AND MADE A NOTHER ADDITION OF RS.0.52 LACS TOWARDS LOW HOUSEHOLD DRAWINGS. BOT H THESE ADDITIONS, UPON FURTHER APPEAL, HAS BEEN UPHELD BY LD. CIT(A) SINCE THE ASSESSEE COULD NOT CONTROVERT THE SAME. AGGRIEVED, THE ASSES SEE IS IN FURTHER APPEAL BEFORE US. THE LD. DR HAS PLACED RELIANCE ON THE STAND OF LOWER AUTHORITIES. 3. WE HAVE PERUSED THE ORDER OF LOWER AUTHORITIES. WE FIND NO SUBSTANCE IN ASSESSEES APPEAL SINCE THE ADDITIONS HAVE BEEN MADE BY LD. AO UPON FACTUAL MATRIX AND THE SAME, UPON APPEA L, HAS BEEN CONFIRMED BY LD. CIT(A) SINCE THE ASSESSEE DID NOT CONTROVERT THE SAME. ITA.NO.4305 TO 4311/MUM/2016 MAFATLAL R.MEHTA ASSESSMENT YEARS-2005-06 TO 2011-12 3 EVEN BEFORE US, THE ASSESSEE HAS NOT BOTHERED TO CO NTEST THE SAME IN ANY MANNER WHICH SHOWS NON-SERIOUSNESS ON THE PART OF THE ASSESSEE TO PURSUE THE APPEAL. HENCE, WE HAVE NO OPTION BUT TO ENDORSE THE STAND OF LD. CIT(A). HENCE, BY CONFIRMING THE STAND OF LOWER AUTHORITIES, WE DISMISS ASSESSEES APPEAL. 4. WE FIND THAT THE ASSESSEE, IN SIMILAR MANNER, HA S SUFFERED SIMILAR ADDITIONS IN AY 2006-07 TO 2011-12 ON ACCOUNT OF LO W HOUSEHOLD WITHDRAWALS, COMMISSION INCOME, PEAK CASH CREDIT ET C. WHICH HAS NOT BEEN CONTESTED BY THE ASSESSEE BEFORE FIRST APPELLA TE AUTHORITY. HENCE, OUR OBSERVATION AND CONCLUSION MUTATIS MUTANDIS APPLY TO ALL THESE APPEALS. RESULTANTLY, ALL THE APPEALS FILED BY THE ASSESSEE STANDS DISMISSED. 5. IN NUTSHELL, ALL APPEALS FILED BY ASSESSEE STAND S DISMISSED, BEING DEVOID OF ANY MERIT. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DECEMBER, 2017. SD/- SD/- (D.T. GARASIA) (MANOJ KUMAR AGGARW AL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 13.12 .2017 SR.PS:- THIRUMALESH ! / COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. $%!# / THE RESPONDENT 3. + ( ) / THE CIT(A) 4. + / CIT CONCERNED 5. $'- , - , / DR, ITAT, MUMBAI 6. . / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI