ASHOK P. SHAH, MUMBAI V. ITO 14(2)(1), MUMBAI

ITA 5843/MUM/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2341 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 28-05-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 24-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAMCHANDRAN
• Assessee Lawyers: KEYURI DESAI
• Keywords: Unexplained investment; Principle of natural justice
• Section: 69

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE HONBLE S/SHRI JOGINDER SINGH (JM), AND RAJESH KUMAR, ( AM ) ./ I.T.A. NO . 5843 /MUM/20 1 2 ( / ASSESSMENT YEAR : 20 09 - 10 ) SHRI ASHOK P SHAH, 701, LAMA IRE CHS LTD, JAY BHAVANI MATA ROAD, AMBOLI, ANDHERI (W), MUMBAI - 400058 / VS. INCOME TAX OFFICER 14(2)(1), EARNEST HOUSE, NARIMAN POINT, MUMBAI ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN/GIR NO. : AKMPS5481P / APPELLANT BY: MS KEYURI DESAI / RESPONDENT BY SHRI A RAMCHANDRAN / DATE OF HEARING : 2 7 . 7 .201 6 / DATE OF PRONOUNCEMENT : 29 . 7.2016 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AND IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A) - 2 5 , MUMBAI DT. 6.8.2012 PERTAINING TO A.Y. 20 09 - 10 . 2. ONLY ISSUE RAISED I N GROUND OF APPEAL IS AGAINST THE CONFIRMATION OF ADDITION OF RS.27 , 45 , 000/ - BY THE LD. CIT(A) AS MADE BY T HE AO UNDER SECTION 69 OF THE INCOME TAX ACT, 1961 AS UNEXPLAINED INVESTMENT IN VIOLATION OF PRINCIPLE OF NATURAL JUSTICE. 3. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE POINTED OUT THAT THE IDENTICAL ISSUE IN THE PRECEDING ASSESSMENT YEAR I.E. ASSESSMENT YEAR 2008 - ITA NO 5843 / M/1 2 2 09 HAS BEEN RESTORED TO THE FILE OF T HE LD.CIT(A) FOR ADJUDICATION DENOVO BY THE DECISION OF CO - ORDINATE BENCH OF THE TRIB UNAL IN ASSESSEES OWN CASE IN ITA NO.6828/MUM/2011 (AY - 2008 - 09) DATED 19.1.2016. 4. THE LD. DR ALSO FAIRLY AGREED WITH THE SUBMISSIONS OF THE LD.AR. 5 . WE HAVE CAREFULLY CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL PLACED BEFORE US INCLUDI NG T HE ORDERS OF AUTHORITIES BELOW AND RELIED UPON BY T HE AS S ES S EE. WE FIND FROM THE DECISION OF CO - ORDINATE BENCH VIDE ORDER DATED 19.1.1996 PASSED IN ITA NO.6828/MUM/2011(AY - 2008 - 09), HAS RESTORED THE ISSUE TO THE FILE OF LD. CIT(A) TO DECIDE THE SAME AFRESH IN ACCORDANCE WITH LAW UNDER IDENTICAL FACTS . IN THIS CASE ALSO , FOLLOWING THE DECISION OF THE CO - ORDINATE BENCH, WE RESTORE THE MATTER BACK TO THE FILE OF AO FOR ADJUDICATION DENOVO AFTER GIVING REASONABLE OPPORTUNITY O F THE ASSESSEE. THE ASSESS EE IS ALSO DIRECTED TO CO - OPERATE WITH THE LD. CIT(A) FOR SPEEDY DISPOSAL OF THE CASE. 6 . IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 29TH JULY, 2016 . 29TH JULY, 2016 SD SD (JOGINDER SINGH ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 29TH JULY, 2016 . . . ./ SRL , SR. PS ITA NO 5843 / M/1 2 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLA NT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. 6. , , / DR, ITAT, MUMBAI CONCERNED / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI