Appeal details
Counselvise Citation
[2019] 115 COUNSELVISE.COM (IT) 3134 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 3 month(s) 5 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
06-11-2019
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
SMC
Assessment Year
2011-2012
Appeal Filed On
01-08-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , AM / I .T.A. NO. 4669 / MUM/ 20 1 8 ( / ASSESSMENT YEAR: 2011 - 12 ) PRASANA RAJU KOTHARI M/S. PRAKASH JHUNJHUNWALA & C0. LLP CHARTERED ACCOUNTANTS 5, J OLLY BHAVAN NO.2, GROUND FLOOR 7, NEW MARINE LINES, CHURCHGATE. MUMBAI - 40002 0. / VS. ITO WARD - 18(3)(3) EARNEST HOUSE, 6 TH FLOOR, MUMBAI. ./ ./ PAN/GIR NO. : AHJPK 3268 N ( / APPELLANT ) .. ( / RESP ONDENT ) / DATE OF HEARING : 19 .0 8 .201 9 / DATE OF PRONOUNCEMENT : 06. 11 .2019 / O R D E R PER SHAMIM YAHYA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMIS S IONER OF INCOME TAX (APPEALS) - 29 , MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)] DATED 16 /0 4 /201 8 A ND PERTAINS TO A.Y.2011 - 12 . 2 . THE ASSESSEE HAD CHALLENGED THE ORDER OF THE LD. CIT( A) WHEREIN THE VALIDITY OF REOPENING AND THE ADDITION @ 12.5% OF THE BOGUS PURCHASE HAS BEEN UPHELD BY LD. CIT(A). THE ASSESSEE HAS ALSO RAISE D THE FOLLOWING GROUND BEFORE ITAT . ASSESSEE BY : SHRI PRAKASH JHUNJHUNWALA REVENUE BY: SHRI CHAITANYA ANJARIA ITA. NO.4669/M/2018 A.Y.2011 - 12 2 1.0 ON FACTS AND CIRCUMSTANCES OF T HE CASE AND IN LAW, THE ASSESSMENT ORDER U/S 143(3) R.W.S 147 DATED 15.03.2016 IS BAD - IN - LAW SINCE HAD BEEN PASSED BEFORE 4 WEEKS OF DISPOSAL OF OBJECTION ORDER PASSED ON 19.02.2016, THEREBY VIOLATED THE BINDING PRECEDENT LAID IN THE CASE OF ASIAN PA INTS VS. DCIT 296 ITR 90 (BOM - HC). 3. I FIND THAT THE AFORESAID GROUND IS A LEGAL ISSUE AND GOES TO THE MATTER IN THIS REGARD. I NOTE THAT THE HONBLE JURISDICTIONAL HIGH COURT IN THE AFORESAID DECISION HAS HELD THAT IF THE AO DOES NOT ACCEPT THE OBJECTI ON FILED TO NOTICE U/S 148 OF THE ACT , H E SHALL NOT PROCEED FURTHER IN THE MATTER FOR THE PERIOD OF 4 WEEKS FROM THE DATE OF RECEIPT OF SERVICE OF THE SAID ORDER ON OBJECTION OF THE ASSESSEE. IN THE PRESENT CASE, IT IS NOTE D THAT THE AO HAS DISPOSED OF F TH E OBJECTION ON 19.02.2016 AND PASSED THE ORDER ON 15.03.2016 . ADMITTEDLY, THE ABOVE IS NOT IN ACCORDANCE WITH THE LAW LAID DOWN BY THE HONBLE JURI SDICTIO NAL HIGH COURT. HENCE, I QUASH THE ASSESSMENT ORDER SINCE IT IS NOT IN ACCORDANCE WITH LAW LAID DOWN B Y JURISDICTIONAL HIGH COURT . SINCE I HAVE QUASHED THE ASSESSMENT AS ABOVE, T HE ADJUDICATION OF THE OTHER ISSUE RAISED IS ONLY OF ACADEMIC INTEREST. HENCE, I AM NOT ENGAGING INTO THE SAME. I N THE RESULT , ON THIS APPEAL FILED BY THE ASSESSEE STANDS PARTLY A LLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 06 /11/2019 . SD/ - ( SHAMIM YAHYA ) / ACCOUNTANT MEMBER MUMBAI; DATED : 06 / 11/2019 VIJAY/SR. PS ITA. NO.4669/M/2018 A.Y.2011 - 12 3 / 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. / BY ORDER, //TRUE COPY// / / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI
