M/S CREATIVE WORLD TELEFILMS LTD.,MUMBAI V. DY. CIT CENTRAL CIRCLE-6(4), MUMBAI

MA 101/MUM/2024

AI Insights

The case involves Creative World Telefilms Ltd., which filed a Miscellaneous Application against the order of the Income Tax Appellate Tribunal concerning the assessment year 2010-11. The application claimed that there were errors in the original order due to non-consideration of law, material facts, and judicial precedents. However, the Tribunal found that the assessee had not identified any specific defects in the order and had not provided any new evidence or explanations regarding the source of certain deposits. The Tribunal had previously addressed all legal issues raised by the assessee, including the validity of reopening under section 147 and the mechanical approval under section 151, and found them to be without merit.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 26468 (ITAT-MUMBAI)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-01-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Laws Referred To: Section 147, Section 151
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAHESH PAMNANI
• Assessee Lawyers: S G GOYAL

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER MA No.101/Mum/2024 (Arising out of ITA No.1651/Mum/2019 (Assessment Year :2010-11) M/s. Creative World Telefilms Ltd. Room No.1, 1st Floor Sharda Estate Vazira Naka Opp. Bhoomi Heights Building, L.T. Road Borivali (W) Mumbai- 400 092 Vs. Dy. CIT Central Circle 6(4), Mumbai PAN/GIR No.AAACL1812G (Appellant) .. (Respondent) Assessee by Shri S G Goyal Revenue by Shri Mahesh Pamnani Date of Hearing 13/12/2024 Date of Pronouncement 30/01/2025 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid Miscellaneous Application has been filed by the assessee wherein the assessee has simply stated that there are various errors and mistakes apparent from record which has arisen due to non-consideration of law, material facts, documents and evidences submitted and binding judicial precedents relied upon by the assessee. However, MA No. 101/Mum/2024 Creative World Telefilms Ltd., 2 nowhere in the Miscellaneous Application assessee has pointed out any defect in the said order. Later on, the detailed submissions were filed with regard to legal issues which were raised during the course of the original proceedings before the Tribunal with regard to validity of reopening u/s.147, mechanical approval u/s.151, non-service of notices within due date and on merits stating that ld. AO has erred in adding the total credit without there being any tangible material/ evidence in his possession. 2. In so far as various contentions which has been raised with regard to the validity of reopening, from the perusal of the Tribunal order, it is seen that assessee had raised various issues challenging the validity of reopening, service of notice and approval u/s.151 which the Tribunal has dealt in detail on each and every point giving a categorical finding of fact after verifying the records produced by the DR and has passed the order rejecting all the grounds raised. In so far as merits are concerned, no arguments were placed and even the ld. Counsel fairly admitted that no explanation and evidences have been provided by the assessee to explain the deposit or source of deposits or whereabouts of the dubious companies from where money has come either before the ld. AO or ld. CIT (A). Even at the stage of the Tribunal assessee has filed no explanation or any documents about the deposits. The assessee had only raised various legal issues in various grounds which have been dealt in detail by the Tribunal and accordingly, appeal of the assessee was dismissed. Thus, all those contentions which were raised during the present MA No. 101/Mum/2024 Creative World Telefilms Ltd., 3 proceedings stands dismissed. Thereafter, when the matter was put up for clarification, assessee has filed another submission stating that some commission rate should be applied on the entire gross receipts in the bank account and also cited some judgments wherein the Tribunal have applied 0.25% of the gross receipts in the case of entry providers. Here it is not a case of any entry provider albeit, there is a deposit in the bank account of the assessee company in which there was no such incoming and outgoing which shows that assessee company had used its bank account for providing accommodation entry and what was the nature of accommodation entry has also not been explained. In the Miscellaneous Application, such a plea cannot be entertained, once it was not stated either before the ld. AO or ld. CIT(A) or before the Tribunal. Accordingly, Miscellaneous Application filed by the assessee is dismissed. 3. In the result, Miscellaneous Application of the assessee is dismissed. Order pronounced on 30th January, 2025. Sd/- (AMARJIT SINGH) Sd/- (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 30/01/2025 KARUNA, sr.ps MA No. 101/Mum/2024 Creative World Telefilms Ltd., 4 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// "