ITO 1(2)(4), MUMBAI V. RAM NITESH KOATAK, MUMBAI

ITA 6400/MUM/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 8037 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 28-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MUKESH B ADVANI
• Keywords: Additional evidence; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE S HRI G.S. PANNU (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 6400/MUM/2016 ASSESSMENT Y EAR: 2009 - 10 THE ITO 1(2)(4 ), 536, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. SHRI RAM NI TESH KOTAK, OM KOTAK VILLA, 36, 3 RD CROSS ROAD, LOKHANDWALA COMPLEX, ANDHERI WEST, MUMBAI - 400053 PAN: AEOPK8657D (APPELLANT) (RESPONDENT) REVENUE BY : SHRI MANOJ KUMAR SINGH (D R) ASSESSEE BY : SHRI MUKESH B. ADVANI (AR) DATE OF HEARING: 24 /09 /201 8 DATE OF PRONOUNCEMENT: 24 / 09 /201 8 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER DATED 30.09.2016 PASSED BY THE COMMISSIONER OF INCOME TAX (AP PEALS) - 2 (FOR SHORT THE CIT(A) , MUMBAI, FOR THE ASSESSMENT YEAR 2009 - 10 , WHEREBY THE LD. CIT(A) HAS PARTLY ALLOWED T HE APPEAL FILED BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER PASSED U/S 143 OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT). 2. AGGRIE VED BY THE ORDER OF LD. CIT (APPEAL S ), THE REVENUE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL ON THE FOLLOWING EFFECTIVE GROUNDS : - I. WHETHER ON FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT (A) WAS RIGHT IN ADMITTING ADDITIONAL EVID ENCE DURING APPEAL EVEN WHEN NO SUCH APPLICATION UNDER RULE 46 2 ITA NO. 6400 MUM/2016 ASSESSMENT YEAR: 2009 - 10 A HAS BEEN MADE, WHEN IT IS APPARENT FROM THE ASSESSMENT ORDER THAT THE ASSESSEE HAD NOT SUBMITTED THE RELEVANT DETAILS DURING ASSESSMENT PROCEEDINGS AND THE ASSESSING OFFICER HAD SPECIFICALLY OBJECTED ADMISSION OF SUCH ADDITIONAL EVIDENCE IN REMAND REPORT, THUS RENDERING THE ORDER PASSED BY LD. CIT (A) AS BAD IN LAW AND PROCEDURE WHICH NEED TO BE QUASHED OR SET ASIDE? II. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD . CIT (A) WAS RIGHT IN ACCEPTING DEPOSIT OF RS. 45,70,050/ - AS EXPLAINED CASH DEPOSIT IN BANK ACCOUNTS, GIVEN THE FACTS THAT, DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE FAILED TO EXPLAIN THE SOURCE OF SUCH CASH DEPOSITS AND ALSO FAILED TO CO RROBORATE HIS CLAIM IN RESPECT OF THE CASH DEPOSITS WITH PROPER EVIDENCES? 3 . AT THE OUTSET, THE LD. COUNSEL FOR THE RESPON DENT/ASSESSEE POINTED OUT THAT THE TAX EFFECT OF THE RELIEF GRA NTED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS BELOW RS.20 LACS AND AS PER THE CBDT CIRCULAR NO. 3/2018, F. NO. 279/MISC.142/2007 - ITJ (PT) DATED 11 TH JULY, 2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA , THE LIMIT FIXED BY THE CBDT FOR FILING APPEAL B EFORE THE ITAT IS 20 LACS . 4 . THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FAIRLY CONCEDED THAT TH IS APPEAL IS NOT MAINTAINABLE IN LIGHT OF THE ABOVE SAID CBDT CIRCULAR. THE LD. DR ALSO DID NOT POINT OUT THAT TH IS APPEAL FALL S IN ANY OF THE EXCEPTIONS CARVED OUT IN THE ABOVE SAID CIRCULAR. 5 . WE HAVE GONE THROUGH THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THE GROUNDS OF APPEALS. WE FIND THAT THE TAX EFFEC T IN THE ABOVE 3 ITA NO. 6400 MUM/2016 ASSESSMENT YEAR: 2009 - 10 REFERRED APPEAL IS LESS THAN RS. 20 LACS. ACCORDINGLY, W E DISMISS THE A FORESAID APPEAL FILED BY THE REVENUE. IN THE RESULT, THE APPEAL BY THE REVENUE IS DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER , 2018 . SD/ - SD/ - ( G.S. PANNU ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 24 / 09 / 201 8 ALINDRA, 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