VIRENDRA JAIN, MUMBAI V. DCIT CC 6(4), MUMBAI

ITA 548/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3163 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 29-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJIV GUBGOTRA
• Assessee Lawyers: AMIT SHETTY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & SANDEEP GOSAIN (JM) I.T.A. NO. 548 /MUM/20 1 8 (ASSESSMENT YEAR 20 14 - 15 ) SHRI VIRENDRA JAIN 82, MAKER CHAMBERS III NARIMAN POINT MUMBAI - 400 021. PAN : AABPJ1882E VS. DCIT, CC - 6(4) AIR INDIA BUILDING NARIMAN POINT 19 TH FLOOR MUMBAI - 400 021. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI AMIT SHETTY DEPARTMENT BY SHRI RAJIV GUBGOTRA DATE OF HEARING 7 . 2 . 201 9 DATE OF PRONOUNCEMENT 7 . 2 . 201 9 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 23.10.2017 PASSED BY LEARNED CIT(A) - 54, MUMBAI AND IT RELATES TO A.Y.2014 - 15. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LEARNED CIT(A) IN CONFIRMING THE ANNUAL LETTING VALUE OF THE PROPERTY DETERMINED BY THE ASSESSING OFFICER. 2. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE FAIRLY ADMITTED THAT THE ISSUE URGED BY THE ASSESSEE HAS BEEN DECIDED AGAINST HIM BY THE COORDINATE BENCH OF THE TRIBUNA L IN ASSESSEES OWN CASE FOR A.Y. 2013 - 14 IN ITA NO. 446/MUM/2018, VIDE ORDER DATED 22.1.2019. THE ASSESSEE ALSO FURNISHED COPY OF THE ORDER PASSED BY THE TRIBUNAL FOR A.Y. 2013 - 14. 3. WE HAVE GONE THROUGH THE ORDER PASSED BY THE TRIBUNAL FOR A.Y. 2013 - 1 4 AND WE NOTICED THAT THE TRIBUNAL HAS FOLLOWED THE ORDER PASSED BY ANOTHER COORDINATE BENCH IN THE ASSESSEES OWN CASE FOR A.Y. 2012 - 13 (ITA NO. 3886/MUM/2017 DATED 31.10.2018), WHEREIN ALSO, THE APPEAL OF THE ASSESSEE WAS DISMISSED. SHRI VIRENDRA JAIN 2 4. WE HAVE HEARD LEA RNED DR AND PERUSED THE RECORD. WE NOTICE THAT THE COORDINATE BENCHES OF THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE ASSESSEE FOR A.Y. 2012 - 13 & 2013 - 14 ON IDENTICAL ISSUE, MEANING THEREBY, THE TRIBUNAL HAS CONFIRMED THE ORDER PASSED BY LD CIT(A) IN THOSE YEARS ON AN IDENTICAL ISSUE. ACCORDINGLY, FOLLOWING THE ORDERS PASSED BY THE CO - ORDINATE BENCHES IN THE ASSESSEES OWN CASE FOR AY 2012 - 13 & 2013 - 14 , WE DISMISS THE APPEAL OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION ALSO. 5. IN THE RESULT, APPEAL F ILED BY THE ASSESSEE IS DISMISSED. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 7 . 2 .201 9 . SD/ - SD/ - (SANDEEP GOSAIN ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 7 / 2 / 20 1 9 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// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBA I