OM GASES AND CHEMICALS ,MUMBAI V. ITO WARD 2(2), KALYAN

ITA 2773/MUM/2025

AI Insights

The case involves Om Gases & Chemicals, the appellant, contesting an order from the Commissioner of Income-tax (Appeals) which confirmed an addition of Rs. 20,74,935 for Assessment Year 2014-15 on a protective basis. This addition was related to 'on money' paid for property purchase, a issue also addressed in Assessment Year 2013-14 but resolved through the Direct Tax Vivad se Vishwas Scheme, 2024. The Tribunal noted that since the issue for AY 2013-14 was conclusively resolved and the due taxes paid, the protective assessment for AY 2014-15 became infructuous.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669001 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAM KRISHN KEDIA
• Assessee Lawyers: ADITYA RAMACHANDRAN

Judgement Text

" |आयकर अपीलीय न्यायाधिकरण न्यायपीठ, म ुंबई| IN THE INCOME-TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER आयकर अपील सुं./ITA No. 2773/MUM/2025 (नििाारण वर्ा / Assessment Year :2014-15) Om Gases & Chemicals Shop No. 4, Shiv Om Palace, Subhash Nagar, Punjabi Colony, Ulhasnagar, Maharashtra - 421003 v/s. बिाम ITO, Ward 2(2), Kalyan Ram Mansion, Near SBI Kalyan Main Branch, Kalyan Murbad Road, Kalyan, Thane District, Maharashtra-421301 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAAFO4841K Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee by: Shri Aditya Ramachandran राजस्व की ओर से /Revenue by: Shri Ram Krishn Kedia स िवाई की िारीख / Date of Hearing 17.06.2025 घोर्णा की िारीख/Date of Pronouncement 23.06.2025 आदेश / O R D E R PER SANDEEP GOSAIN [J.M.]:- This appeal is filed by the assessee against the order of the Learned Commissioner of Income-tax (Appeals), Mumbai/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] dated 12.02.2025 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for Assessment Year [A.Y.] 2014-15. 2. The assessee has raised the following ground of appeal: P a g e | 2 ITA No. 2773/Mum/2025 A.Y. 2014-15 Om Gases and Chemicals “1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appeal of the assessee and confirming addition of Rs. 20,74,935 (which was originally made on protective basis) disregarding the submission of the appellant that it had opted to settle the pending appeal in respect of the same addition made on a substantive basis in AY 2013-14 under the Direct Tax Vivad se Vishwas Scheme, 2024.” 3. At the outset, I notice that additions were made in both years i.e. AY 2013- 14 and AY 2014-15 on the same issue of “on money” paid towards to purchase the property and consequently, the substantive additions were made in AY 2013-14 and protective in AY 2014-15 4. Since the issue for AY 2013-14 has been conclusively resolved through the Vivad se Vishwas scheme 2024, and due taxes have already been paid. In this regard, form Nos 1 to 4 have already been placed on record, which are at paper book page Nos 47 to 68 under DTVSV. 5. Therefore, in my view, the protective assessment proceedings for AY 14– 15 are based on the same issue and have become infructuous. 6. Therefore, taking into consideration the above facts, the present appeal stands dismissed as infructuous. 7. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 23.06.2025. Sd/- Sd/- SANDEEP GOSAIN (न्यानयक सदस्य/JUDICIAL MEMBER) Place: म ुंबई/Mumbai दिन ुंक /Date 23.06.2025 P a g e | 3 ITA No. 2773/Mum/2025 A.Y. 2014-15 Om Gases and Chemicals अननक ेत स ुंह र जपूत/ स्टेनो आदेश की प्रनतनलनि अग्रेनित/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 5. गार्ड फाईल / Guard file. सत्यानित प्रनत //True Copy// आदेशािुसार/ BY ORDER, सहायक िंजीकार (Asstt. Registrar) आयकर अिीलीय अनर्करण/ ITAT, Bench, Mumbai. "