MELODIOUS MOVIES, V. ITO WD 11(1)(2),

MA 297/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 5021 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-10-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 18-12-2015
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANDRAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B , BENCH MUMBAI BEFORE: SHRI R.C.SHARMA, AM & SHRI JOGINDER SINGH , JM M.A.NO.297/MUM/2015 I.T.A.NO.7942/MUM/2011 ( ASSESSMENT YEAR : 200 3 - 200 4 ) MELODIOUS MOVIES 3 - E, NAAZ BUILDING, LAMINGTON ROAD, MUMBAI 400004 VS. ITO 11(2), MUMBAI PAN/GIR NO. : AA AFM6221D ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI BHUPENDRA SHAH REVENUE BY : SHRI A. RAMACHANDRAN DATE OF HEARING : 24 /0 6 /2016 DATE OF PRONOUNCEMENT 03/10 /2016 / O R D E R PER R.C.SHARMA (A.M) : THIS M.A AROSE OUT OF ORDER OF THE TRIBUNAL DATED 14/08/2015. 2. THROUGH THIS MISCELLANEOUS PETITION IT WAS CONTENDED BY LEARNED AR THAT AS PER THE ARGUMENTS AND OBSERVATION OF THE BENCH DURING THE CO URSE OF HEARING, THE MATTER WAS TO BE RESTORED BACK TO THE FILE OF AO, HOWEVER, THE APPEAL WAS DISMISSED. 3. WE HAVE GONE THROUGH THE MISCELLANEOUS PETITION AS WELL AS THE ORDER OF THE TRIBUNAL AND FOUND THAT ADDITION MADE UNDER SECTION 41 (1 ) WAS CONFIRMED BY OBSERVING AS UNDER: - DURING THE COURSE OF HEARING BEFORE US, WE RAISED A POINTED QUERY TO THE LEARNED COUNSEL APPEARING ON BEHALF OF THE ASSESSEE, TO SHOW US AS TO HOW THE SAME PERSON IS PARTNER IN ALL THE CONFIRMATIONS AND ASKED THE LD. COUNSEL TO SH OW US COPIES OF BALANCE 2 M.A.NO.297 - 2015, ITA NO.7942 - 2011 MELODIOUS MOVIES VS. ITO 11(1)(2), MUMBAI SHEETS, INCOME TAX RETURNS, PARTNERSHIP DEED AND ANY OTHER EVIDENCES WITH THE HELP OF WHICH THE ASSERTION OF THE ASSESSEE COULD BE AUTHENTICATED. BUT LD. COUNSEL WAS NOT READY WITH THESE EVIDENCES. 4. HOWEVER, DURING THE COURSE OF HEARING OF MISCELLANEOUS PETITION , LEARNED AR HAS DRAWN OUR ATTENTION TO THE PAPERBOOK FILE BEFORE THE BENCH WHEREIN LOAN CONFIRMATION OF VARIOUS CREDITORS ALONGWITH PARTNERSHIP DEED WAS FILED. WE FOUND THAT OUT OF THE CREDITORS IN RESPECT OF ADDITION MADE UNDER SECTION 41(1) LOAN CONFIRMATION O F FOLLOWING CREDITORS ALONGWITH PARTNERSHIP DEED WAS PLACED IN THE PAPERBOOK. 1. LOAN CONFIRMATION OF NEW EXCELSIOR TALKIES ALONG WITH DEED OF PARTNERSHIP 2. LOAN CONFIRMATION OF ROMA ENTERPRISES ALONG WITH DEED OF PARTNERSHIP 3. LOAN CONFIRMATION OF DECCAN TALKIES ALONG WITH DEED OF PARTNERSHIP 4. LOAN CONFIRMATION OF ESQUIRE EXHIBITORS ALONG WITH DEED OF PARTNERSHIP 5. LOAN CONFIRMATION OF ROMA FILMS ALONG WI TH DEED OF PARTNERSHIP 6.LOAN CONFIRMATION OF KISHOR E TRADERS ALONG WITH DEED OF PARTNERSHIP 7.LOAN CONFIRMATION OF CINE TRADERS ALONG WITH DEED OF PARTNERSHIP 8.LOAN CONFIRMATION OF QUALITY EXHIBITORS ALONG WITH DEED OF PARTNERSHIP 9.LOAN CONFIRMATION OF SONA MILAP ASSOCIATES ALONG WITH DEED OF PARTNERS HIP 5. WE HAVE VERIFIED THE LOAN CONFIRMATION AND FOUND THAT THESE ARE ALSO ACCOMPANIED BY THE PARTNERSHIP DEED WHEREIN ASSESSEE IS ALSO PARTNER. WE, THEREFORE, MODIFY OUR ORDER TO A LIMITED EXTENT OF RESTORING ADDITION MADE IN RESPECT OF ABOVE CREDITOR S TO THE FILE OF AO FOR VERIFYING THE RESPECTIVE PARTNERSHIP DEED AND FOR DECIDING THE ISSUE AFRESH AS PER LAW. 3 M.A.NO.297 - 2015, ITA NO.7942 - 2011 MELODIOUS MOVIES VS. ITO 11(1)(2), MUMBAI 6. IN THE RESULT, MA FILED BY THE ASSESSEE IS ALLOWED IN PART FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 0 3 /10 / 2016. S D/ - ( JOGINDER SINGH ) S D/ - (R.C.SHARMA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 03/10/ 2016 KARUNA , SR. PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPON DENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//