INCOME TAX OFFICER 2(1)(1), MUMBAI V. ACHROMATIC TRADING PRIVATE LIMITED , MUMBAI

MA 510/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4391 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 27-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH LD
• Assessee Lawyers: PRAKASH JHUNJHUNWALA LD
• Keywords: Accommodation entries

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI , , BEFORE SHRI MAHAVIR SINGH, JM AND SHRI MANOJ KUMAR AGGARWAL, AM M.A. NO. 510/MUM/2018 [ARISING OUT OF I.T.A. NO.3927/MUM/2016] ( / ASSESSMENT YEAR: 2010-11) INCOME - TAX OFFICER WARD 2(1)(1) MUMBAI / VS. ACHROMATIC TRADING PRIVATE LTD BHARAT HOUSE,3 RD FLOOR 104,BOMBAY SAMACHAR MARG MUMBAI-400 023 ./ ./PAN/GIR NO. AAHCA-4600-J ( /APPELLANT ) : ( !' / RESPONDENT ) & M.A. NO. 419/MUM/2018 [ARISING OUT OF I.T.A. NO.3927/MUM/2016] ( / ASSESSMENT YEAR: 2010-11) ACHROMATIC TRADING PRIVATE LTD BHARAT HOUSE,3 RD FLOOR 104,BOMBAY SAMACHAR MARG MUMBAI-400 023 / VS. INCOME - TAX OFFICER WARD 2(1)(1) MUMBAI ./ ./PAN/GIR NO. AAHCA-4600-J ( /APPELLANT ) : ( !' / RESPONDENT ) ASSESSEE BY : PRAKASH JHUNJHUNWALA, LD. AR REVENUE BY : CHAUDHARY ARUN KUMAR SINGH, LD. DR / DATE OF HEARING : 10/05/2019 / DATE OF PRONOUNCEMENT : 10/05/2019 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. BY WAY OF THESE APPLICATIONS, THE ASSESSEE AS WE LL AS REVENUE IS OSTENSIBLY SEEKING CERTAIN RECTIFICATION IN TRIBUNA L ORDER DATED 23/02/2018 PASSED IN ASSESSEES APPEAL ITA NO. 3927 /MUM/2016. 2. THE LD. DR WOULD SUBMIT THAT THE TRIBUNAL DISMIS SED ASSESSEES APPEAL BY CONFIRMING THE STAND OF LD. CIT(A) IN EST IMATING THE ADDITIONS ITA.NO.3927/MUM/2016 ACHROMATIC TRADING PRIVATE LIMITED ASSESSMENT YEAR 2010-11 2 @1% OF ACCOMMODATION ENTRIES AS AGAINST ESTIMATED @ 5% BY LD. AO WITHOUT CONSIDERING THE FACT THAT REVENUE HAD ALSO FILED THE APPEAL AGAINST THE STAND OF LD. FIRST APPELLATE AUTHORITY VIDE ITA NO.3865/MUM/2016 AND THEREFORE, THE ORDER DESERVE T O BE RECALLED. 3. PER CONTRA, LD. AR WOULD SUBMIT THAT ORDER DID NOT CONSIDER THE PAPER BOOK FILED ON 20/02/2018 ON DISPUTING THE REJ ECTION OF BOOKS OF ACCOUNTS U/S 145(3). 4. UPON DUE CONSIDERATION, WE FIND THAT THE DECISIO N HAS BEEN RENDERED AS PER THE ARGUMENTS MADE BY RESPECTIVE RE PRESENTATIVES DURING THE COURSE OF HEARING. NOTHING WAS BROUGHT O N RECORD TO SUBMIT THAT REVENUES APPEAL WAS ALSO PENDING AGAINST THE IMPUGNED ORDER. SIMILARLY, THE ISSUE OF REJECTION OF BOOKS OF ACCOU NTS HAS ALREADY BEEN DEALT WITH BY THE BENCH IN PARA 5 OF THE ORDER. 5. FINDING NO MISTAKE IN THE ORDER, BOTH THE APPLIC ATIONS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH MAY, 2019. SD/- SD/- (MAHAVIR SINGH) ( MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 10.05.2019 SR.PS:- JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT ITA.NO.3927/MUM/2016 ACHROMATIC TRADING PRIVATE LIMITED ASSESSMENT YEAR 2010-11 3 3. * ( ) / THE CIT(A) 4. * / CIT CONCERNED 5. !$- , - , / DR, ITAT, MUMBAI 6. ./ / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI