ASHIK J. BHUTA, MUMBAI V. ITO 32(1)(2), MUMBAI

MA 105/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4122 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 14-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Keywords: Bogus purchase; Unexplained investment; Additional evidence
• Section: 69C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER & SHRI RAJESH KUMAR , HON'BLE ACCOUNTANT MEMBER M .A. NO. 105 /MUM/201 9 [ ARISING OUT OF ITA NO. 23 /MUM/201 7 (A.Y: 2012 - 13 ) ] SHRI ASHIK J. BHUTA PLOT NO. OSHO, 1534/A, NEW LINK ROAD, OPP ESKAY RESORT, DEVKI NAGAR, BORIVALI (W), MUMBAI 400 103 PAN: AAAPB 8787 H V. I.T.O 32(1)(2) MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI K. SHIVRAM DEPARTMENT BY : SHRI CHAUDHARY ARUNKUMAR SINGH DATE OF HEARING : 05.04.2019 DATE OF PRONOUNCEMENT : 08 . 05 .2019 CORRIGENDUM TO ORDER DATED 19.11.2018 1. THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE SEEKING TO R ECTIFY THE ORDER PASSED BY THE TRIBUNAL IN ITA.NO. 23 /MUM/2017 DATED 19.11.2018 STATING THAT GROUND NOS. 5 TO 9 ARE NOT ADJUDICATED . 2. THIS MISCELLANEOUS APPLICATION IS DISPOSED OFF BY WAY OF ISSUING CORRIGENDUM TO THE ORDER DATED 19.11.2018. 2 M.A. NO. 105/MUM/201 9 SHRI ASHIK J. BHUTA 3. ON A PERUSAL OF THE TRIBUNAL ORDER DATED 19.11.2018, WE FIND THAT AT PAGE NO.3 IN PARA NO.5 OF THE ORDER INADVERTENTLY WE HAVE MENTIONED THAT ISSUES RELATING TO ADDITION MADE U/S. 69C ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER OR FRESH ADJUDICATION IN ACCORDANCE WITH LAW WITHOUT SPECIFYING WHAT ARE ISSUES . 4. THUS, NECESSARY CORRIGE NDUM IN RESPECT OF PARA NO.5 IS ISSUED SUBSTITUT ING PARA NO.5 AS UNDER: - 5. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDERS OF THE AUTHORITIES BELOW AND THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE. THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE SHALL GO TO THE ROOT OF THE MATTER AND THEREFORE THE SAME ARE ADMITTED. SI NCE THESE ADDITIONAL EVIDENCES WERE NOT CONSIDERED BY THE LD.CIT(A) AND ALSO BY THE ASSESSING OFFICER, WE RESTORE THESE ISSUES IN APPEAL TO THE FILE OF THE ASSESSING OFFICER WHO SHALL DECIDE CONSIDERING THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE AFRESH , IN ACCORDANCE WITH LAW. THUS, THE ISSUES RELATING TO ADDITION MADE U/S. 69C TREATING CAPITAL CONTRIBUTION AS UNEXPLAINED INVESTMENTS AND ALSO THE ISSUE RELATING TO BOGUS PURCHASES ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 5. THE ABOVE CORRIGENDUM BE READ AS PART OF THE ORDER DATED 19.11.2018. ORDER PRONOUNCED IN THE OPEN COURT ON THE 08 TH MAY , 2019 SD/ - SD/ - ( RAJESH KUMAR ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 08 / 05/2019 GIRIDHAR, SR.PS 3 M.A. NO. 105/MUM/201 9 SHRI ASHIK J. BHUTA COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM