ACIT- 17(1), MUMBAI vs. BAJRANGLAL BHIKARAM MITTAL, MUMBAI

1 Aforesaid appeal by revenue for Assessment Year [in short referred to as ‘AY’] 2010-11 contest the order of Ld. Commissioner of Income- Tax (Appeals)-55, Mumbai, [in short referred to as ‘CIT(A)’], Appeal No. CIT(A)-55/ACIT-17(1)/IT-450/17-18 dated 23/08/2018 qua certain relief on account of alleged bogus purchases.

2 The assessee, upon receipt of notice of hearing, has filed cross- objections against the same, inter-alia, on the ground that since the assessee’s appeal on same issue has already been adjudicated by the Tribunal, the present appeal has become functus officio. The assessee has also pleaded that the revenue’s appeal is liable to be dismissed in terms of low tax effect circular issued by CBDT on 08/08/2019. 1.3 A delay of 5 days has been noted in assessee’s cross-objections, the condonation of which has sought by the assessee on the strength of condonation petition dated 22/11/2019 which is accompanied by the affidavit of the assessee. The delay has been attributed to ill-health of the assessee. Keeping in view the quantum of delay, the bench formed an opinion that the delay was to be condoned and the matter was to be proceeded with on merits.

The Ld. Sr. Advocate, drawing our attention to the grounds of cross-objections, placed on record the decision of this Tribunal in assessee’s appeal ITA No.5522/M/2018 for AY 2010-11, common order dated 30/04/2019 wherein the Tribunal has reduced the estimated additions to 4% and allowed partial relief to the assessee. In the above

In view of the admitted position, since a view has already been taken by the Tribunal in the matter, we dismiss the revenue’s appeal. Resultantly, the other plea that the revenue’s appeal is covered by low tax effect circular issued by CBDT would become infructuous. The cross- objections stand partly allowed.

Finally, the revenue’s appeal stands dismissed whereas the assessee’s cross-objections stand partly allowed. Order pronounced in the open court on 05th February, 2020. (Mahavir Singh) (Manoj Kumar Aggarwal) उपा"" / Vice President लेखा सद" / Accountant Member मुंबई Mumbai; िदनांक Dated : 05/02/2020 Sr.PS, Jaisy Varghese आदेशकी"ितिलिपअ"ेिषत/Copy of the Order forwarded to : अपीलाथ"/ The Appellant