ACIT- 17(1), MUMBAI V. BAJRANGLAL BHIKARAM MITTAL, MUMBAI

ITA 7525/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6969 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 01-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIKLD
• Assessee Lawyers: D R Y P TRIVEDI; USHA DALAL LD
• Keywords: Bogus purchase; Tax effect

Judgement Text

ITA NO.7525/MUM/2018 & CO NO.251/MUM/2019 BAJRANGLAL BHIKARAM MITTAL ASSESSMENT YEAR :2010-11 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.7525/MUM/2018 ( / ASSESSMENT YEAR : 2010-11 ) A CIT - 17(1) R.NO.117, AAYKAR BHAVAN M.K. ROAD MUMBAI- 400 020. / VS. BAJRANG LAL B. MITTAL 310, GOKUL 80-A, BARODA STREET MUMBAI 400 009 %& ./ ./PAN/GIR NO. AFGPM-0965-R ( &( /APPELLANT ) : ( )*&( / RESPONDENT ) & CO NO. 251/MUM/2019 (ARISING OUT OF ITA NO. 7525/MUM/2018) ( / ASSESSMENT YEAR : 2010-11 ) BAJRANG LAL B. MITTAL 310, GOKUL 80-A, BARODA STREET MUMBAI 400 009 / VS. A CIT - 17(1) R.NO.117, AAYKAR BHAVAN M.K. ROAD MUMBAI- 400 020. %& ./ ./PAN/GIR NO. AFGPM-0965-R ( &( /APPELLANT ) : ( )*&( / RESPONDENT ) ASSESSEE BY : DR. Y.P.TRIVEDI (SR. ADVOCATE) & MS. USHA DALAL LD. AR R EVEN UE BY : MS. KAVITA P. KAUSHIK-LD. DR / DATE OF HEARING : 22/01/2020 / DATE OF PRONOUNCEMENT : 05/02/2020 ITA NO.7525/MUM/2018 & CO NO.251/MUM/2019 BAJRANGLAL BHIKARAM MITTAL ASSESSMENT YEAR :2010-11 2 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1.1 AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2010-11 CONTEST THE ORDER OF LD. COMMIS SIONER OF INCOME- TAX (APPEALS)-55, MUMBAI, [IN SHORT REFERRED TO AS CIT(A)], APPEAL NO. CIT(A)-55/ACIT-17(1)/IT-450/17-18 DATED 23/08/2018 QUA CERTAIN RELIEF ON ACCOUNT OF ALLEGED BOGUS PURCHASES. 1.2 THE ASSESSEE, UPON RECEIPT OF NOTICE OF HEARING , HAS FILED CROSS- OBJECTIONS AGAINST THE SAME, INTER-ALIA, ON THE GROUND THAT SINCE THE ASSESSEES APPEAL ON SAME ISSUE HAS ALREADY BEEN AD JUDICATED BY THE TRIBUNAL, THE PRESENT APPEAL HAS BECOME FUNCTUS OFFICIO. THE ASSESSEE HAS ALSO PLEADED THAT THE REVENUES APPEAL IS LIABL E TO BE DISMISSED IN TERMS OF LOW TAX EFFECT CIRCULAR ISSUED BY CBDT ON 08/08/2019. 1.3 A DELAY OF 5 DAYS HAS BEEN NOTED IN ASSESSEES CROSS-OBJECTIONS, THE CONDONATION OF WHICH HAS SOUGHT BY THE ASSESSEE ON THE STRENGTH OF CONDONATION PETITION DATED 22/11/2019 WHICH IS ACCO MPANIED BY THE AFFIDAVIT OF THE ASSESSEE. THE DELAY HAS BEEN ATTRI BUTED TO ILL-HEALTH OF THE ASSESSEE. KEEPING IN VIEW THE QUANTUM OF DELAY, THE BENCH FORMED AN OPINION THAT THE DELAY WAS TO BE CONDONED AND TH E MATTER WAS TO BE PROCEEDED WITH ON MERITS. 2. THE LD. SR. ADVOCATE, DRAWING OUR ATTENTION TO T HE GROUNDS OF CROSS-OBJECTIONS, PLACED ON RECORD THE DECISION OF THIS TRIBUNAL IN ASSESSEES APPEAL ITA NO.5522/M/2018 FOR AY 2010-11 , COMMON ORDER DATED 30/04/2019 WHEREIN THE TRIBUNAL HAS REDUCED T HE ESTIMATED ADDITIONS TO 4% AND ALLOWED PARTIAL RELIEF TO THE A SSESSEE. IN THE ABOVE ITA NO.7525/MUM/2018 & CO NO.251/MUM/2019 BAJRANGLAL BHIKARAM MITTAL ASSESSMENT YEAR :2010-11 3 BACKGROUND, IT WAS SUBMITTED THAT SINCE A VIEW HAS ALREADY BEEN TAKEN BY THE BENCH IN THE MATTER, THE REVENUES APPEAL IS LIABLE TO BE DISMISSED. THE LD. DR COULD NOT CONTROVERT THE POSI TION THAT THE MATTER OF ESTIMATION HAS ALREADY BEEN DELVED UPON BY THE T RIBUNAL IN ASSESSEES APPEAL. 3. IN VIEW OF THE ADMITTED POSITION, SINCE A VIEW H AS ALREADY BEEN TAKEN BY THE TRIBUNAL IN THE MATTER, WE DISMISS THE REVENUES APPEAL. RESULTANTLY, THE OTHER PLEA THAT THE REVENUES APPE AL IS COVERED BY LOW TAX EFFECT CIRCULAR ISSUED BY CBDT WOULD BECOME INFRUCTUOUS. THE CROSS- OBJECTIONS STAND PARTLY ALLOWED. 4. FINALLY, THE REVENUES APPEAL STANDS DISMISSED W HEREAS THE ASSESSEES CROSS-OBJECTIONS STAND PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH FEBRUARY, 2020. SD/- SD/- (MAHAVIR SINGH) (M ANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 05/02/2020 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. &( / THE APPELLANT 2. )*&( / THE RESPONDENT 3. 1 ( ) / THE CIT(A) 4. 1 / CIT CONCERNED 5. 23), , , / DR, ITAT, MUMBAI 6. 3567 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.