PRIYANKA CHOPRA, MUMBAI V. DCIT CEN CIR 1 (3), MUMBAI

MA 687/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5633 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 27-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MITRA
• Keywords: Gift; Depreciation

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) & SHRI SANDEEP GOSAIN ( J M) M.A. NO. 687/MUM/2018 ARISING OUT OF I.T.A. NO. 2771/MUM/2015 (ASSESSMENT YEAR 2010 - 11) PRIYANKA CHOPRA 705, 706 & 806, RAJ CLASSIC, B - WING VER SOVA MUMBAI - 400 061. PAN : ACXPC1741R V S . DCIT, CENTRAL CIRCLE - 1(3), ROOM NO. 905 OLD CGO BUILDING M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI YOGESH JOIJODE DEPARTMENT BY SHRI S.K. MITRA DATE OF HEARING 10.5 . 201 9 DATE OF PRONOUNCEMENT 14 . 5 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : BY WAY OF TH I S MISCELLANEOUS APPLICATION IN ITA NO. 2771/MUM/2015 IT IS THE CONTENTION OF THE ASSESSEE THAT IN CONNECTION WITH GROUND NO. 1 IN INCOME TAX APPEAL RELATING TO ADDITIO N OF RS. 27 LAKHS BEING UNDISCLOSED INCOME IN THE FORM OF GIFT OF TOYOTA CAR , IN THE ALTERNATIVE THERE WAS A CLAIM FOR DEPRECATION TO BE GRANTED ON THE CAR . 2. LEARNED COUNSEL OF THE ASSESSEE SUBMITS THAT ITAT HAS REJECTED THE PLEA ON THE GROUND THAT NO SUCH PLEA WAS THERE BEFORE LEARNED CIT(A). NOW LEARNED COUNSEL CONTENDS THAT THIS CLAIM WAS VERY MUCH THERE. HENCE, IT IS THE PRAY ER THAT THE ORDER OF THE ITAT MAY BE RECALLED TO CONSIDER THIS ALTERNATIVE GROUND OF CLAIM OF DEPRECIATION ON THE AFORESAID AD DITION FOR TOYOTA CAR. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE COUNSEL AND PERUSED THE RECORDS. WE FIND CONSIDERED COGENCY IN THE SUBMISSION OF THE LEARNED COUNSEL. ACCORDINGLY, AFORESAID APPEAL OF THE ASSESSEE IS RECALLED ONLY TO CONSIDER THAT 2 ALTER NATIVE CLAIM OF THE ASSESSEE REGARDING CLAIM OF DEPRECIATION ON THE AFORESAID TOYOTA CAR. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS DISPOSED OF AS ABOVE. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 14 . 5 . 201 9 . SD/ - SD/ - ( SANDEE P GOSAIN ) (SH A MIM YAHYA ) J U DICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 14 / 5 / 20 1 9 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT (A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI