DCIT 25(3), MUMBAI V. SANJU VERMA, MUMBAI

ITA 5898/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100821 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 17-08-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR
• Assessee Lawyers: JITENDRA JAIN SHRI
• Keywords: Additional evidence; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI , , , BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI N.K . BILLAIYA, A CCOUNTANT M EMBER / I .T.A. NO . 5898/MUM/2013 ( / ASSESSMENT YEAR : 2010 - 11 THE ACIT 25(3), 308, C - 11, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051 / VS. MRS. SANJU VERMA, 53, OCEAN CREST, 85, WARDEN ROAD, OPP. TATA GARDEN, MUMBAI - 400 025 ./ ./ PAN/GIR NO. : AAQPV 2017C ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI SUMIT KUMAR / RESPONDENT BY : SHRI JITENDRA JAIN SHRI PANKAJ JAIN / DATE OF HEARING : 17 . 0 8 .2015 / DATE OF PRONOUNCEMENT : 17 .0 8 .2015 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A) - 35 , MUMBAI DT. 23.7.2013 PERTAINING TO ASSESSMENT YEAR 2010 - 11. 2. THE GRIEVANCES OF THE REVENUE READ AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 11,23,498/ - MADE U/S. 69 OF THE I.T. ACT AS UNDISCLOSED INVESTMENT. ITA. NO . 5898/M/2013 2 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) GROSSLY ERRED IN ADMITTING THE ADDITIONAL EVIDENCE I N CONTRAVENTION OF RULE 46A OF IT RULE 1963 IN RESPECT OF SOURCE OF INVESTMENT IN SBI MUTUAL FUND. 3. AT THE VERY OUTSET, THE LD. DEPARTMENTAL REPRESENTATIVE WAS FAIR ENOUGH TO POINT OUT THAT THE TAX EFFECT IN THE PRESENT APPEAL IS COVERED BY CBDT INSTR UCTION NO. (F.NO.279/MISC.142/2007 - ITJ (PT) DT. 10.7.2014. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. OR DER PRONOUNCED IN THE OPEN COURT ON 17 TH AUGUST , 2015 SD/ - SD/ - ( VIJAY PAL RAO ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 17 TH AUGUST , 2015 . . ./ RJ , SR. PS / 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