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Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI
Before: SHRI C.N. PRASAD, HONBLE & SHRI RAJESH KUMAR, HONBLEShri Manisha Hemant Mehta v.
O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals) – 25, Mumbai [hereinafter in short “Ld. CIT(A)”] dated 12.12.2016 for the Assessment Year 2010-11 arising out of the order passed by the Assessing Officer u/s. 143(3) r.w.s. 147 of the Act.
At the outset, Learned Counsel for the assessee submitted that the Coordinate Bench of this Tribunal in ITA.No. 1570/MUM/2017 dated 31.10.2017 restored the appeal of the Revenue to the file of the Assessing
(A.Y: 2010-11) Shri Manisha Hemant Mehta Officer to make fresh assessment after giving opportunity to the assessee and the issue was in respect of the part relief given by the Ld.CIT(A) deleting the addition made toward bogus purchases. Learned Counsel for the assessee submitted that since the Tribunal had set-aside the appeal of the Revenue, the appeal of the assessee may also be restored to the file of the Assessing Officer.
Ld. DR has no serious objections in restoring the matter to the file of the Assessing Officer.
On hearing both sides and perusing the order of the Tribunal, we find it appropriate to restore this issue to the file of the Assessing Officer. Thus, we restore this issue to the file of the Assessing Officer who shall decide in the light of the observations made by the Tribunal in revenue’s appeal in ITA.No.1570/Mum/2017 dated 31.10.2017. The grounds raised by the assessee are allowed for statistical purpose.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on the 30th October, 2018