ITO WD 4(3), V. SUSHMA S.KADAM,

MA 689/MUM/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4500 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 1998-1999
• Appeal Filed On: 09-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E: MUMBAI BEFORE SHRI D K AGRAWAL, JUDICIAL MEMBER AND SHRI RAJENRA SINGH, ACCOUNTANT MEMBER MISCELLANEOUS APPLICATION NO.689/MUM/2009 ARISING OUT OF ITA 1234/MUM/2007 FOR AY 1998-99 ASSTT COMMISSIONER OF INCOME-TAX -23(3), MUMBAI VS MRS SUSHMA S KADAM, 01, AMBIKA COM COMPLEX, NAVGHAR, VASAI (W), THANE PAN AFBPK 8799 Q (APPLICANT) (RESPONDENT) FOR APPLICANT: SHRI P C MORYA FOR RESPONDENT: SHRI JAYANT BHUTT ORDER PER RAJENRA SINGH, AM 1. THIS MISCELLANEOUS APPLICATION HAS BEEN FILED B Y THE REVENUE REQUESTING FOR AMENDMENT OF ORDER DATED 13. 4.2009 OF THE TRIBUNAL IN ITA 1234/MUM/2007. THE FACTS OF THE CA SE, IN BRIEF, ARE THAT THE ASSESSEE HAD MADE DECLARATION OF UNDISCLOS ED INCOME UNDER THE VDIS 1997, WHICH INCLUDED RECEIPTS FROM SALE OF LAND AGGREGATING TO RS 19,99,000/- PERTAINING TO THE ASSESSMENT YEAR S 1987-88, 1988- 89, 1994-95, 1995-96 & 1996-97. THE ASSESSEE, HOWE VER, DO NOT PAY ANY TAX UNDER VDIS 1997. THE ASSESSING OFFICER ON THE BASIS OF INFORMATION IN THE VDIS DECLARATION REOPENED THE AS SESSMENT FOR AY 1998-99 IN WHICH THE SAID SUM OF RS 19,99,000/- WAS ADDED AS UNDISCLOSED INCOME. THE CIT (A) HAD CONFIRMED THE ADDITION. THE TRIBUNAL, HOWEVER, NOTED THAT VARIOUS RECEIPTS PERT AINED TO EARLIER YEARS AND THERE WAS NO MATERIAL TO SHOW THAT THESE AMOUNTS HAD BEEN RECEIVED IN ASSESSMENT YEAR 1998-99 OR THE TRANSACT IONS RELATED TO THE SAID YEAR. THE TRIBUNAL, THEREFORE, DELETED THE AD DITIONS. MRS SUSHMA S KADAM MA 689/M/2009 2 2. THE REVENUE HAS FILED THE MISCELLANEOUS APPLICA TION REQUESTING THE TRIBUNAL TO AMEND THE ORDER SO AS TO INCLUDE THE SAID AMOUNTS IN THE TAXABLE INCOME. THE CASE OF THE REV ENUE IS THAT SINCE THE ASSESSEE HAD NOT PAID ANY TAX UNDER VDIS, THERE IS NO OTHER WAY THE AMOUNT COULD BE TAXED. THE CASE OF THE ASSESSE E IS THAT THE AMOUNT PERTAINED TO THE EARLIER YEARS AND SAME COUL D NOT BE TAXED IN THE ASSESSMENT YEAR 1998-99. 3. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE REC ORDS AND CONSIDERED THE MATERIAL CAREFULLY. THE TRIBUNAL HA S GIVEN A CLEAR FINDING THAT RECEIPTS AGGREGATING TO 19,99,000/- PE RTAINED TO ASSESSMENT YEARS 1987-88, 1988-89, 1994-95, 1995-96 & 1996-97 AND NO MISTAKE HAS BEEN POINTED OUT BY THE REVENUE IN THE SAID FINDING. THERE IS NO MATERIAL TO SHOW THAT THESE A MOUNTS HAD BEEN RECEIVED IN ASSESSMENT YEAR 1998-99. WE, THEREFORE , SEE NO APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL DELETING THE A DDITION. THE AMOUNT CANNOT BE ASSESSED IN ASSESSMENT YEAR 1998-99 ONLY ON THE GROUND THAT VDIS DECLARATION HAD BEEN MADE IN THAT YEAR, T HOUGH THE AMOUNTS RECEIVED PERTAINED TO EARLIER YEARS. WE SE E NO MERIT IN THE MISCELLANEOUS APPLICATION AND SAME IS REJECTED. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 25TH DAY OF MARCH 20 10. SD/- SD/- (D K AGRAWAL) (RAJENRA SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATE: 25TH MARCH, 2010 . MRS SUSHMA S KADAM MA 689/M/2009 3 COPY TO 1. THE APPELLANT. 2. THE RESPONDENT 4. CIT(A)-CONCERNED. MUMBAI. 5. CIT MUMBAI CITY CONCERNED., MUMBAI. 6. D R E BENCH, MUMBAI. 7. GUARD FILE. BY ORDER / / TRUE COPY / / ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI *CHAVAN/- MRS SUSHMA S KADAM MA 689/M/2009 4 SNO DATE INITIALS 1 DRAFT DICTATED ON 19-03-2010 SR.P.S 2. DRAFT PLACED BEFORE AUTHOR 23-03-2010 SR.P.S 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER V.P. 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER A.M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.P.S 6. KEPT FOR PRONOUNCEMENT ON SR.P.S 7. FILE SENT TO THE BENCH CLERK SR.P.S 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER DOH 5.2.2010 DOD:19.3.2010 DOS: 23.3.2010