KUNAL KRISHNA SHINDE, MUMBAI V. ITO WD 17(2)(4), MUMBAI

ITA 4850/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3197 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 31-08-2015
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMARDR
• Keywords: Principle of natural justice
• Section: 143(3)

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.4850/MUM/2015 ASSESSMENT YEAR: 2011-12 SHRI KUNAL KRISHNA SHINDE, B-18/1, ABHINAV NAGPUR, GANESH MANDIR ROAD WADALA(W), MUMBAI-400031 / VS. INCOME TAX OFFICER, WARD-17(2)(4), MUMBAI / ASSESSEE / REVENUE P.A. NO . BIDPS8842Q $ % & / ASSESSEE BY SHRI RITESH JAIN $ % & / REVENUE BY SHRI SUMIT KUMAR-DR / DATE OF HEARING 06/09/2016 & / DATE OF ORDER: 06/09/2016 & / O R D E R THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 12/06/2015 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. THE ONLY GROUND RAISED BY THE ASSESSEE PERTAINS TO MAKING ITA NO.4850/MUM/2015 KUNAL KRISHNA SHINDE 2 ADDITION OF RS.23,23,411/- BY TREATING THE SAME AS UNDISCLOSED INCOME, IGNORING THE FACTUAL MATRIX. 2. DURING HEARING, THE LD. COUNSEL FOR THE ASSESSE E, SHRI RITESH JAIN, DREW MY ATTENTION TO VARIOUS PAGE S OF THE PAPER BOOK AND MORE SPECIFICALLY CONFIRMATION LETTE R FROM KOKAN VIKAS CO-OP. BANK, SHIVCHHAYA NAGARI SAHKARI PATPEDHI, BANK STATEMENT FROM ICICI BANK, STATEMENT SHOWING THE AMOUNTS COLLECTED FROM VARIOUS PARTIES AND ASSESSMENT ORDER PASSED U/S 143(3) OF THE ACT FOR ASSESSMENT YEAR 2013-14. THE LD. COUNSEL CONTENDED THAT THE DOCUMENTS MENTIONED AT SERIAL NUMBER 6 & 7 AND 48 TO 63 OF THE PAPER BOOK ARE NEW EVIDENCES AND COULD NO T BE COLLECTED BEFORE THE PASSING THE ORDERS, THEREFORE, IT WAS REQUESTED THAT THESE DOCUMENTS GOES TO THE ROOTS OF THE MATTER, CONSEQUENTLY, MAY BE ACCEPTED AND EXAMINED. ON THE OTHER HAND, THE LD. DR, SHRI SUMIT KUMAR, CONTENDED THAT THESE DOCUMENTS MAY BE GOT EXAMINED FROM THE ASSESS ING OFFICER. 2 I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON RECORD. WITHOUT GOING INTO MU CH DELIBERATION, I AM OF THE VIEW, THAT MANDATE OF THE CONSTITUTION OF INDIA IS TO LEVY AND COLLECT DUE TA XES. SINCE, THE DOCUMENTS MENTIONED AT SERIAL NUMBER 6 & 7 AND 48 TO 63 OF THE PAPER BOOK WERE COLLECTED BY THE ASSESSEE ON A LATER DATE, THEREFORE, KEEPING IN VIEW, THE PRINCIPLE OF NATURAL JUSTICE, I DIRECT THE LD. ASSESSING OFFICER TO EXAM INE THE FACTUAL MATRIX AND DECIDE IN ACCORDANCE WITH LAW. N EEDLESS TO ITA NO.4850/MUM/2015 KUNAL KRISHNA SHINDE 3 MENTION HERE THAT THE ASSESSEE BE GIVEN OPPORTUNITY TO SUBSTANTIATE HIS CLAIM. THE ASSESSEE IS DIRECTED TO FURNISH THE NECESSARY EVIDENCE BEFORE THE LD. ASSESSING OFF ICER SO THAT THE GENUINENESS OF THE DOCUMENTS AND THE RELEV ANT FACTUAL MATRIX MAY BE EXAMINED. THIS APPEAL OF THE ASSESSEE, IS THEREFORE, ALLOWED FOR STATISTICAL PURPOSES ONLY . FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESEN CE OF LD. REPRESENTATIVE FROM BOTH SIDES AT THE CONCLU SION OF THE HEARING ON 06/09/2016. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 06/09/2016 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * / THE CIT, MUMBAI. 4. ) ) * / CIT- , MUMBAI 5. +,- ' , ) '#$ ' / , / DR, ITAT, MUMBAI 6. -0 1$ / GUARD FILE. & / BY ORDER, (+# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI