SURESH MULCHAND SHAH HUF, MUMBAI V. ITO - WD- 19(3)(4), MUMBAI

MA 48/MUM/2020

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 4436 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 29-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 48; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE S/SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND S/SHRI AMARJIT SINGH, JUDICIAL MEMBER M.A. N O . 48 / M/20 20 (ARISING OUT OF ITA NO. 6208 /MUM/201 8 ) ( / ASSESSMENT YEAR : 20 11 - 12 ) SURESH MULCHAND SHAH HUF SHOP NO.A - 1B, MAHAVIR DARSHAN, SAIDHAM COMPLEX, 26 KHAMBATA LANE, MUMBAI - 400004 . / VS. ITO - W D - 19(3)(4) MATRU MA NDIR, TARDEO ROAD, MUMBAI - 40000 7 . . / . / . PAN/GIR NO. : AAAHS0924H ( / APPELLANT ) / APPLICANT .. ( / RESPONDENT ) / DATE OF HEARING: 11 /12/2020 /DATE OF PRONOUNCEMENT: 11 /12/ 20 20 ORDER PER AMARJIT SINGH, J M THIS ORDER SHALL DISPOSE OF THE PRESENT MISCELLA N EOUS APPLICATION BEARING NO. 48/M/2020 ARISING OUT OF ITA. NO . 6208 /MUM/201 8 DECIDED ON DATED 26.07.2019 RELEVANT TO THE A .Y. 2011 - 12 . 2. THE BRIEF FACTS OF THE CASE ARE THAT THE HONBLE ITAT HAS DECIDED THE TWO APPEALS OF THE ASSESSEE BEARING ITA. NOS.6407/M/2018 AND BEARING ITA. NO.6208/M/2018 FOR THE A.Y. 2010 - 11 & 2011 - 12 RESPECTIVELY . IN THE APPEAL PERTAINING TO THE A.Y.2011 - 12, THE G ROUND NO. 3 WAS NOT ADJUDICATED, THEREFORE, THE SAID APPEAL IS LIABLE TO BE RECALLED TO THAT EXTENT. 3 . NOTICE GIVEN. 4 . WE HAVE HEARD THE ARGUMENT ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WE FIND THAT THE APPEAL BEARING ITA. NO. 6407/M/2018 AND APPEAL BEARING ITA. NO.6208/M/2018 HAVE BEEN DECIDED BY VIRTUE OF ORDER DATED 26.07.2019. THE APPE AL BEARING ITA. NO.6407/M/2018 ASSESSEE BY: SHRI RAJESH C. SHAH REVENUE BY: SHRI VIJAY KUMAR MENON (DR ) M.A. N O. 48 / M/2020 A.Y.2011 - 12 PERTAINS TO THE A.Y. 2010 - 11 IN WHICH THE ASSESSEE HAS TAKEN THE TWO GROUNDS MENTIONED BELOW.: - 1. THE LD. CIT(A) ERRED IN CONFIRMING THE REOPENING OF CASE U/S 147 OF THE ACT. 2. THE LD. CIT(A) ERRED IN CONFIRMING THE ADDI TION OF 12.5% OF ALLEGED PURCHASE RS.99,21,961/ - . 5. AN ANOTHER APPEAL BEARING ITA. NO. 6208/M/2018 FOR THE A.Y.2011 - 12. T HE ASSESSEE HAS TAKEN THE FOLLOWING THREE GROUNDS.: - 1. THE LD. CIT(A) ERRED IN CONFIRMING THE REOPENING OF CASE U/S 47 OF THE ACT 2. THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF 12.5% OF ALLEGED PURCHASE OF RS.1,49,79,715/ - . 3. THE LD. CIT(A) ERRED IN TAKING FIGURE OF RS.1,49,79,715/ - WHEREAS THE TOTAL OF ALL PARTIES COMES TO RS.1,21,72,859/ - . 6 . THE COPY OF ORDER DATED 26.07 .2019 PERUSED IN WHICH WE NOTICE D THAT THE TWO GROUNDS PERTAINING THE BEARING ITA. NO.640 7/M/2018 HAS BEEN DECIDED AND THE APPEAL BEARING ITA. NO.6208/M/2018 HAS BEEN DECIDED ON THE BASIS OF APPEAL BEARING ITA. NO.6407/M/2018 . THE ISSUE NO.3 HAS NOT BEEN DECIDED. ACCORDINGLY, WE RECALL THE ORDER TO THE EXTENT OF DECISION OF ISSUE NO.3 IN APPEAL BEARING ITA. NO.6208/M/2018 FOR THE A.Y. 2011 - 12 . ACCORDINGLY, THE PRESENT MISCELLANEOUS APPLICATION IS HEREBY ALLOWED . IN THE RESULT , THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS HEREBY ALLOWED . ORDER WAS PRON OUNCED IN TH E OPEN COURT ON 11 /12 / 2020 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI, DT: 11 /12 / 2020 V IJAY PAL SINGH (SR. PS) M.A. N O. 48 / M/2020 A.Y.2011 - 12 COPY TO : 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) 4 . THE CIT 5 . THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, G , BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES