SALEEM MOHD YUSUF HOLDEKAR, MUMBAI V. ITO 24(3)(3), MUMBAI

ITA 5194/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6011 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 16-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR YADAVLD
• Assessee Lawyers: G P MEHTA LD
• Keywords: Business income; Principle of natural justice
• Section: 144

Judgement Text

ITA NO.5194/MUM/2016 SALEEM MOHD. YUSUF HOLDEKAR ASSESSMENT YEAR-2011-12 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI . , , BEFORE SHRI C.N. PRASAD, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.5194/MUM/2016 ( / ASSESSMENT YEAR:2011-12) SALEEM MOHD . YUSUF HOLDEKAR 315/2516, MOTILAL NAGAR-2 M.G.ROAD, GOREGAON (W) MUMBAI-400 021 / VS. INCOME TAX OFFICER - 24(3)(3) MUMBAI !' ./ ./ PAN/GIR NO.AAVPH-7711-C ( '$ /APPELLANT ) : ( %'$ / RESPONDENT ) REVENUE BY : RAJESH KUMAR YADAV, LD.DR ASSESSEE BY : G.P. MEHTA, LD.AR / DATE OF HEARING : 12/07/2018 / DATE OF PRONOUNCEMENT : 12 /07/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [A Y] 2011-12 CONTEST THE ORDER OF THE LD. COMMISSIONER OF INCOME -TAX (APPEALS)-42 [CIT(A)], MUMBAI, APPEAL NO.CIT(A)-42/IT-310/14-15 DATED 25/04/2016 QUA CONFIRMATION OF CERTAIN ADDITIONS. THE ASSESSMENT F OR IMPUGNED AY WAS FRAMED BY LD. INCOME TAX OFFICER-24(3)(3), MUMBAI [AO] ON 12/03/2014 ON 2 ITA NO.5194/MUM/2016 SALEEM MOHD. YUSUF HOLDEKAR ASSESSMENT YEAR-2011-12 BEST JUDGMENT BASIS U/S 144 OF THE INCOME TAX,1961 SINCE THE ASSESSEE FAILED TO FILE THE REQUISITE DOCUMENTS DURING ASSES SMENT PROCEEDINGS. THE ASSESSEE HAS BEEN ASSESSED AT RS.89.62 LACS AS AGAI NST RETURNED INCOME OF RS.14.72 LACS E -FILED BY THE ASSESSEE ON 13/09/2011. 2.1 THE REGISTRY HAS NOTED THAT THE APPEAL HAS BEEN FILED WITH A DELAY OF 784 DAYS. THE LD. AUHTORIZED REPRESENTATIVE FOR ASS ESSEE [AR], SHRI G.P.MEHTA HAS PLEADED FOR CONDONATION OF THE SAME ON THE STRE NGTH OF ASSESSEES CONDONATION PETITION DATED 01/08/2016 AS SUPPORTED BY AFFIDAVIT DATED 16/08/2016. THE DELAY HAS BEEN ATTRIBUTED TO UNAVOIDABLE CIRCUMSTANCES INCLUDING CHANGE OF CHARTERED ACCOUNT ANT. THE SAME HAS BEEN VEHEMENTLY OPPOSED BY LD. DEPARTMENTAL REPRESE NTATIVE [DR], SHRI RAJESH KUMAR YADAV BY PLEADING THAT EACH DAYS DELAY WAS REQUIRED TO BE EXPLAINED AND THERE WAS NO SUFFICIENT CAUSE DEMONST RATED BY THE ASSESSEE IN THE CONDONATION PETITION. 2.2 AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT T HE ASSESSEE HAS REMAINED NON-COMPLIANT DURING ASSESSMENT PROCEEDING S AS WELL AS DURING APPELLATE PROCEEDINGS. EVEN THE EXPLANATION FOR CON DONATION OF DELAY IS NOT PLAUSIBLE. HOWEVER, KEEPING IN VIEW THE FACT THAT T HE ASSESSEE IS AN INDIVIDUAL AND SUFFERED HIGH PITCHED ASSESSMENT AND KEEPING IN VIEW THE PRINCIPLE OF NATURAL JUSTICE, WE CONDONE THE SAME A ND PROCEED TO DISPOSE- OFF THE APPEAL ON MERITS. 3. AS EVIDENT FROM THE QUANTUM ASSESSMENT ORDER, TH E FAILURE ON THE PART OF ASSESSEE TO SUBMIT REQUISITE DETAILS HAS RESULTE D INTO REJECTION OF BOOKS 3 ITA NO.5194/MUM/2016 SALEEM MOHD. YUSUF HOLDEKAR ASSESSMENT YEAR-2011-12 OF ACCOUNTS AND THE INCOME OF THE ASSESSEE HAS BEEN ESTIMATED ON BEST JUDGMENT BASIS @ 6% OF TOTAL SALES OF RS.14.69 CRORES. THE SAME HA S BEEN CONFIRMED BY LD. CIT(A) SINCE THE ASSESSEE REM AINED NON-COMPLIANT EVEN BEFORE LD. FIRST APPELLATE AUTHORITY. 4. KEEPING IN VIEW THE OVERALL FACTUAL MATRIX, WE R ESTORE THE MATTER BACK TO THE FILE OF LD. AO FOR RE-ADJUDICATION WITH A DI RECTION TO THE ASSESSEE TO SUBSTANTIATE THE CLAIM FORTHWITH WITH DOCUMENTARY E VIDENCES FAILING WHICH LD. AO SHALL BE AT LIBERTY TO COMPLETE THE ASSESSME NT ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. 5. RESULTANTLY, THE ASSESSEES APPEAL STAND ALLOWED FOR STATISTICAL PURPOSES IN TERMS OF OUR ABOVE ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JULY, 2018 SD/- SD/- (C.N.PRASAD) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 12.07.2018 SR.PS:-THIRUMALESH 4 ITA NO.5194/MUM/2016 SALEEM MOHD. YUSUF HOLDEKAR ASSESSMENT YEAR-2011-12 / COPY OF THE ORDER FORWARDED TO : 1. ()*+,- / THE APPELLANT 2. 123,- / THE RESPONDENT 3. 73873 9: ) ()*+ ( / THE CIT(A) 4. 73873 9: / CIT CONCERNED 5. CDEF*31G:GHI , 738()*+K3(HI8L , / DR, ITAT, MUMBAI 6. FNOP+ / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) ./01 , / ITAT, MUMBAI