MONISHA R. JAISING, MUMBAI V. DCIT CEN CIR 24 & 26, MUMBAI

ITA 7576/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3053 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 18-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K SRIVASTAVA

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.7576/MUM/2014 ASSESSMENT YEAR: 2008-09 MONISHA R. JAISING, 20/21B, CHAND TERRACES, ST. ANDRES ROAD, BANDRA (WEST), MUMBAI-400050 / VS. DCIT CENTRAL CIRCLE-24 & 26, AAYAKAR BHAVAN, M.K. RAOD, MUMBAI-400020 / ASSESSEE / REVENUE P.A. NO . ADRPJ4593R $ % & / ASSESSEE BY SHRI YOGESH THAR $ % & / REVENUE BY SHRI A.K.SRIVASTAVA CIT-DR & SHRI OM PRAKASH MEENA-DR / DATE OF HEARING 21/06/2016 & / DATE OF ORDER: 21/06/2016 ITA NO.7576/MUM/2014 MONISHA R. JAISING 2 & / O R D E R THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 11/09/2014 OF THE LD. FIRST APPELLATE AUTHORITY, MUMBAI. THE FIRST GROUND WITH RESPECT TO NOT PROVIDING FAIR, PROPER AND REASONABLE OPPORTUNITY O F BEING HEARD WAS NOT PRESSED BY SHRI YOGESH THAR, LD. COUN SEL FOR THE ASSESSEE, THEREFORE, IT IS DISMISSED AS NOT PRESSED. 2. SO FAR AS, GROUND NUMBER 2 WITH RESPECT TO ADDITION OF RS.2,14,665/- MADE UNDER THE HEAD INCO ME FROM HOUSE PROPERTY, THE LD. DR, CONTENDED THAT TH IS ISSUE IS COVERED AGAINST THE ASSESSEE BY HONBLE AN DHARA PRADESH HIGH COURT IN VIVEK JAIN VS ACIT (2011) 337 ITR 74 (AP). THIS FACTUAL ASSERTION OF LD. DR WAS CONSE NTED TO BE CORRECT BY THE LD. COUNSEL FOR THE ASSESSEE, THE REFORE, THIS ISSUE IS ALSO DECIDED AGAINST THE ASSESSEE. 3. GROUND NO. 3 & 4 WITH RESPECT TO TREATING 8% OF THE COST OF INVESTMENT AS ANNUAL VALUE OF THE PROPE RTY ON THE BASIS OF STANDARD RENT OR MUNICIPAL RATEABLE VA LUE, THE LD. COUNSEL FOR THE ASSESSEE FAIRLY AGREED THAT THI S GROUND WAS NEVER RAISED BEFORE THE LD. COMMISSIONER OF INC OME TAX (APPEAL) OR OBJECTED BEFORE THE ASSESSING OFFIC ER. CONSIDERING THE ADMISSION OF THE LD. COUNSEL FOR TH E ASSESSEE, THIS GROUND DOES NOT SURVIVE, AS ADMITTED BY THE LD. AR, THEREFORE, DISMISSED AS NOT MAINTAINABLE. ITA NO.7576/MUM/2014 MONISHA R. JAISING 3 4. SO FAR AS, GROUND NO 5 & 6 WITH RESPECT TO DISALLOWANCE OF A SUM OF RS.28,505/- OUT OF VEHICLE/TELEPHONE EXPENSES AND ADOPTION OF RATE OF 10% WAS FAIRLY ADMITTED TO BE DECIDED AGAINST THE ASSES SEE BY THE TRIBUNAL FOR ASSESSMENT YEAR 2006-07 IN ITA NO.201/MUM/2010. IN VIEW OF THIS FACTUAL ASSERTION, THIS GROUND OF THE ASSESSEE IS ALSO DISMISSED. FINALLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVE FROM BOTH SIDES AT T HE CONCLUSION OF THE HEARING ON 21/06/2016. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 21/06/2016 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * ( '#$ ) / THE CIT, MUMBAI. 4. ) ) * / CIT(A)- , MUMBAI 5. -./ ' , ) '#$ ' 1 , / DR, ITAT, MUMBAI 6. /2 3$ / GUARD FILE. & / BY ORDER, (-# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI