GHISULAL HAMERMAL AND COMPANY, MUMBAI V. INCOME TAX OFFICER, 19(2)(3), MUMBAI

MA 210/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0324 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 20-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K BEPARI
• Keywords: Reopening of assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM \ M.A.NO.210/MUM/2018 (ARISING OUT OF ITA NO. 4276 / MUM/20 17 ( ASSESSMENT YEAR : 2010 - 11 ) M/S. GHISULAL HAMERMAL & CO., 14, 1 ST FLOOR, CARPENTER STREET NULL BAZAR MUMBAI 400 004 VS. ITO 19(1)(3),MUMBAI PAN/GIR NO. AAAFG0686J ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY SHRI PIYUSH CHHAJED REVENUE BY SHRI S.K. BEPARI DATE OF HEARING 21 / 09/ 201 8 DATE OF PRONOUNCEMENT 21 / 09/ 201 8 / O R D E R PER R.C.SHARMA (A.M) : THIS M.A. AROSE OUT OF ITA NO.4276/MUM/2017 . 2. THROUGH THIS M.A, ASSESSEE HAS POINTED OUT THAT THE TRIBUNAL IN ITS ORDER DATED 26/12/2017 HAS NOT DECIDED THE ISSUE WITH REGARD TO REOPENING OF ASSESSMENT. 3. WE HA VE GONE THROUGH THE MISCELLANEOUS APPLICATION AS WELL AS ORDER PASSED BY THE TRIBUNAL. THE TRIBUNAL HAVE CATEGORICALLY NOTED THE FACTS AND CIRCUMSTANCES UNDER WHICH CIT(A) HAS CONFIRMED THE REOPENING OF THE ASSESSMENT, HOWEVER, THE CIT(A) HAS GIVEN SUBSTAN TIAL RELIEF IN THE QUANTUM ADDITION SO MADE BY THE AO. THE TRIBUNAL IN ITS ORDER M A NO. 210/MUM/2018 M/S. GHISULAL HAMERMAL & CO., 2 IN PARA 8 HAVE CATEGORICALLY NOTED THAT NOTHING WAS PLACED ON RECORD BY LEARNED AR SO AS TO PERSUADE THE BENCH TO DEVIATE FROM THE FINDINGS RECORDED BY THE CIT(A). IN SO FAR A S THE TRIBUNAL HAVE ALREADY NARRATED THE FACTS UNDER WHICH REOPENING WAS MADE AND THE SAME WAS CONFIRMED BY THE CIT(A) AFTER GIVING DETAILED REASON THE ORDER OF THE CIT(A) WAS CONFIRMED WITH REGARD TO THE REOPENING. ACCORDINGLY, WE DO NOT FIND ANY MERIT IN THE MISCELLANEOUS APPLICATION SO FILED BY THE ASSESSEE. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 / 09 /201 8 SD/ - (R.C.SHARMA) ACCOUNTANT MEMBER MUMBAI ; DATED 21 / 09 /201 8 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//