BHARAT SAWALCHAND JAIN,MUMBAI vs. ITO - 19(3)(2), MUMBAI

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ITA 138/MUM/2021Status: DisposedITAT Mumbai11 October 2021AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted permission to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order regarding denial of exemption under Section 10(38) and addition under Section 68. The assessee later sought to withdraw the appeal due to a dispute resolution under the VSV scheme.

What were the issues?

The primary issue was the validity of reassessment proceedings and the denial of exemption on sale of shares. However, the appeal was withdrawn before these issues were adjudicated.

Which sections of the Income-tax Act were involved?

Section 10(38),Section 148,Section 143(3),Section 147,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

For Respondent: Ms. Smita Verma
Hearing: 11.10.2021Pronounced: 11.10.2021

This appeal by the assessee is directed against order of learned CIT-A dated 8.8.2019 pertaining to assessment year 2012-13.

2.

The grounds of appeal

read as under :-

1. That on facts of the case and in law notice issued u/s 148 dt. 12/09/2016 to initiate the reassessment proceeding and consequent assessment order passed u/s 143(3) r.w.s 147 of the I.T. Act on 26/12/2017 is without jurisdiction and bad in law.

2. That on facts of the case and in law both the Id. A.O. & and also Id. C.I.T.(Appeals) has erred in denying the exemption claim made u/s 10(38) and in making and upholding the addition u/s 68 at Rs. 7,81,950/- treating the gross sale proceeds of listed long-term equity shares subjected to collection of STT, sold on recognized stock exchange at the prevailing quoted rate after holding for more than one year as unexplained cash credit disregarding the supporting documentary evidences furnished, merely on the basis of untested report of D.I. Kolkata but without bringing any adverse evidence or material on assessment record.

3. That the alleged denial of exemption claim made u/s 10(38) and alleged addition made u/s 68 at Rs. 7,81,950/- is wrong on facts and bad in law since the copy of information and documents received from Investigation

2 Bharat Sawalchand Jain

Directorate, Kolkata have been relied upon by the Id. A.O. without verification and adjudication thereof and assessee appellant has not been provided with such material thus denying the opportunity of cross examination and or rebuttal of the same in gross violation of principal of natural justice.

4. That the appeal ground No.l raised is independent grounds and without prejudice to appeal ground no. 2 to appeal ground no.3.

3.

At the outset in this case it is noted that the assessee’s counsel has submitted an application that the assessee wishes to withdraw the appeal, pursuant to resolution of dispute in the VSV scheme Learned departmental representative did not have any objection to this proposition.

4.

Up on careful consideration I grant permission to withdraw the appeal. Accordingly this appeal is dismissed as withdrawn. Pronounced in the open court on 11.10.2021.

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