ACIT 13(2), MUMBAI V. LALIF ABDULLA SHEIKH, MUMBAI

ITA 6538/MUM/2010

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 7619 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 06-09-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N K MEHTA
• Assessee Lawyers: HITESH P SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI. D.K. AGARWAL (JM) AND SHRI. N.K. BILLA IYA (AM) ITA NO.6538/MUM/2010 ASSESSMENT YEAR: 2007-08 ASST. COMMISSIONER OF INCOME-TAX- 13(2), R.NO.421, 4 TH FLOOR, AAYAKAR BHAVAN, MUMBAI-400 020 VS. SHRI LATIF ABDULLA SHEIKH, 65, IBRAHIM HOUSE, P.DMELLO ROAD, PRINCESS DOCK, MUMBAI-400 009 PAN NO: ANFPS 2707J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI N. K. MEHTA RESPONDENT BY : SHRI HITESH P. SHAH DATE OF HEARING : 20.03.2012 DATE OF PRONOUNCEMENT : 28.03.2012 O R D E R PER N.K. BILLAIYA, A.M: THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AG AINST THE ORDER OF CIT(A)-24, MUMBAI DATED 17.06.2010 FOR THE ASSESSME NT YEAR 2007-08. 2. THE REVENUE HAS RAISED AS MANY AS FOUR GROUNDS O F APPEALS. HOWEVER, GROUND NO. 1 AND 2 ARE THE RELEVANT GROUND S. 3. AT THE VERY OUTSET THE LEARNED COUNSEL FOR THE A SSESSEE POINTED OUT THAT ON THE SIMILAR FACTS AND CIRCUMSTANCES FOR THE ASSESSMENT YEAR 2004- 05, ITAT MUMBAI J BENCH, MUMBAI VIDE ITS ORDER DA TED 16.12.2009 IN ITA NO.5499/M/2007 HAS SET ASIDE THE ASSESSMENT ORDER T O THE FILE OF THE ASSESSING OFFICER WITH THE NECESSARY DIRECTIONS. T HE LEARNED COUNSEL FOR THE ASSESSEE ALSO POINTED OUT THAT AT GROUND NO. 2 CL AUSE (II) , THE REVENUE HAS ALSO REFERRED TO THIS ORDER OF THE ITAT AND HAS PRAYED TO RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR FRES H ADJUDICATION AFTER RE- EXAMINATION. THE LEARNED AR, THEREFORE, REQUESTED THAT FOR THE YEAR UNDER CONSIDERATION, THE MATTER SHOULD BE RESTORED BACK T O THE FILE OF THE ITA NO. 6538/MUM/2010 SHRI LATIF ABDULL A SHEIKH 2 ASSESSING OFFICER, AS THE FACTS FOR THE YEAR UNDER CONSIDERATION ARE IDENTICAL WITH THE FACTS OF THE ASSESSMENT YEAR 2004-05. 4. THE LEARNED DR ALSO AGREED THAT THE FACTS IN THE PRESENT CASE ARE IDENTICAL WITH THE FACTS OF THE ASSESSMENT YEAR 200 4-05 AND, THEREFORE, THE FINDINGS OF THE ITAT, MUMBAI J BENCH, MUMBAI MAY ALSO BE FOLLOWED FOR THE APPEAL UNDER CONSIDERATION. 5. WE HAVE PERUSED THE ASSESSMENT ORDER AND THE ORD ER OF THE LEARNED CIT(A). WE HAVE ALSO GONE THROUGH THE ORDER OF THE ITAT, MUMBAI J BENCH, MUMBAI IN ITA NO.5499/M/2007. WE FIND THAT ON IDEN TICAL FACTS, ASSESSMENT FOR THE ASSESSMENT YEAR 2004-05 WAS FRAM ED WHICH MATTER WENT UPTO ITAT, MUMBAI J BENCH, MUMBAI. WE FIND THAT THE ITAT, MUMBAI J BENCH, MUMBAI HAS RESTORED THE MATTER BA CK TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO RE-EXAMINE TH E ISSUES. 5.1 AS POINTED OUT, AS THE FACTS FOR THE APPEAL UND ER CONSIDERATION ARE IDENTICAL WITH THE FACTS FOR THE ASSESSMENT YEAR 20 04-05 AND AS THE GROUNDS OF APPEAL ARE IDENTICAL, THOUGH QUANTUM IS DIFFERENT, FOLLOWING THE ORDER OF THE ITAT, MUMBAI J BENCH, MUMBAI IN ITA NO.5499/M/2007, WE DEEM IT FIT TO RESTORE THE ISSUES RAISED IN GROUND NO.1 CLAUSE (I) AND (II) AND IN GROUND NO.2 CLAUSE (I) AND (II) BACK TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO REEXAMINE THE ISSUES. ACCORDINGLY, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF MARCH, 2012. SD/- SD/- (D.K. AGARWAL) (N.K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 28.03.2012 ITA NO. 6538/MUM/2010 SHRI LATIF ABDULL A SHEIKH 3 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, A - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI