RAFAT ADIL LATIF, MUMBAI V. ITO WD 17(3)(4), MUMBAI

ITA 5852/MUM/2015

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 9083 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 17-07-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 30-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: TAHER PLUMBER
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE S HRI P.K. BANSAL (VP ) AND SHRI RAM LAL NEGI (JM) ITA NO. 5852 /MUM/20 1 5 ASSESSMENT YEAR: 2006 - 07 MRS. RAFAT ADIL LATIF, FLAT NO. 1A/1B, FIRDOUS CHS, 10 MOTLIBAI STREET, MUMBAI - 40001 1 PAN: ACFPL6002L VS. THE ITO, WD. 20(3)(4), PARIMAL CHAMBERS, 6 TH FLOOR, LALBAUG, PAREL, MUMBAI - 400001 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI TAHER PLUMBER ( A R ) REVENUE BY : SHRI PURUSHOTTAM KUMAR ( SR. DR) DATE OF HEARING: 09/10 /201 7 DATE OF PRONOUNCEMENT: 09 / 10 /201 7 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST ORDER DATED 15/10/2015 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (A PPEALS) - 3 2 , MUMBAI , FOR THE A S S ESSMENT YEAR 2006 - 07 , WHEREBY THE LD. CIT (A) HAS DISMISSED THE APPEAL FILED BY THE APPELLANT/ASSESSEE AGAINST ASSESSMENT ORDER PASSED U/S 143 (3) READ WITH SECTION 254 OF THE INCOME TAX ACT, 1961 (FOR SHORT THE A CT). 2. T HE ASSESSEE HAS PREFERRED THE PRESENT APPEAL AGAINST THE ORDER OF THE LD. CIT (A) BY RAISING THE FOLLOWING EFFECTIVE GROUND OF APPEAL: ON THE FACTS AND CIRCUMSTANCES OF THE CASE, AND IN LAW, THE LEARNED CIT (A) - 32, MUMBAI ERRED IN HOLDING THAT THE CASH OF RS. 14,50,000/ - DEPOSITED BY THE APPELLANT ON VARIOUS DAYS, WAS OUT 2 ITA NO. 5852 / MUM/2015 ASSESSMENT YEAR: 2006 - 07 OF HER UNDISCLOSED INCOME U/S 69 OF THE I T ACT, 1961 AND NOT SURPLUS OF CASH BALANCE AFTER MEETING THE TRIP EXPENSES, COLLECTED FROM DRIVERS PLYING HER TRUCKS AND ACCUMULATED BY HER OV ER A PERIOD OF TIME. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS MOVED AN APPLICATION FOR WITHDRAWAL OF THE APPEAL ON THE GROUND THAT SHE HA S SETTLED HER TAX DEMAND BY FILLING APPLICATION UNDER DIRECT TAX DISPUTE RE SOLUTION SCHEME RULES, 2016 BEFORE THE PRINCIPAL COMMISSIONER OF INCOME TAX . I N TERMS OF THE SCHEME , SHE HAS PAID THE ENTIRE TAX DEMANDED BY THE DEPARTMENT ON THE QUANTUM ADDITIONS AND 25% OF THE PENALTY LEVIED AND. THE LD. COUNSEL FURTHER SUBMITTED THAT S INCE, THE ASSESSEE WANTS TO WITHDRAW THE APPEAL, SHE MAY BE PERMITTED WITHDRAW THE PRESENT APPEAL. 4. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT OPPOSE THE APPLICATION FILED ON BEHALF OF THE ASSESSEE . HENCE, WE ALLOW THE APPLICATION FOR WITHDRAWAL OF THE APPEAL AND DISMISS THE PRESENT APPEAL AS WITHDRAWN. IN THE RESULT, APPEAL FILED BY THE ASSESSEE FOR A SSESSMENT YEAR 2006 - 2007 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH . OCTOBER , 2017 . SD/ - SD/ - ( P.K. BANSAL ) ( RAM LAL NEGI ) VICE - PRESIDENT JUDICIAL MEMBER MUMBAI ; DATED: 09 / 10 / 2017 ALINDRA, PS 3 ITA NO. 5852 / MUM/2015 ASSESSMENT YEAR: 2006 - 07 / 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