ITO-28(2)(1), MUMBAI vs. MUKESH BALDEVRAJ BAJAJ, NAVI MUMBAI

This appeal has been preferred by the Revenue against order dated 30.08.2023 passed by the Ld. Commissioner of Income-tax (Appeals) – National Faceless Appeal Centre, Delhi [in short ‘the Ld. CIT(A)’] for assessment year 2007-08, raising following grounds:

1. Whether on the facts and in the circumstances of the case and in law, the Ld. NFAC (Ld.CIT(A)) is justified in allowing the appeal of the assessee by not following the directions of the Hon'ble ITAT contained assessee by not following the directions of the Hon'ble ITAT contained assessee by not following the directions of the Hon'ble ITAT contained in its order dated 02.03.2012. in its order dated 02.03.2012.

2. Whether on the facts and in the circumstances of the case and in the facts and in the circumstances of the case and in law, the Ld. NFAC (Ld.CIT(A)) erred in allowing appeal of assessee law, the Ld. NFAC (Ld.CIT(A)) erred in allowing appeal of assessee law, the Ld. NFAC (Ld.CIT(A)) erred in allowing appeal of assessee holding that provision of section 41(1) are not applicable ignoring the holding that provision of section 41(1) are not applicable ignoring the holding that provision of section 41(1) are not applicable ignoring the fact that the Hon'ble ITAT and the CIT(A) had already held/adm fact that the Hon'ble ITAT and the CIT(A) had already held/adm fact that the Hon'ble ITAT and the CIT(A) had already held/admitted that provisions of section 41(1) are not applicable to the facts of the case that provisions of section 41(1) are not applicable to the facts of the case that provisions of section 41(1) are not applicable to the facts of the case and the Ld.CIT(A) failed to decide the • issue on the line whether and the Ld.CIT(A) failed to decide the • issue on the line whether and the Ld.CIT(A) failed to decide the • issue on the line whether advance received towards booking by the various persons in the earlier advance received towards booking by the various persons in the earlier advance received towards booking by the various persons in the earlier year and as reflected in balance sh year and as reflected in balance sheet are genuine or not.

3. Whether on the facts and in the circumstances of the case and in 3. Whether on the facts and in the circumstances of the case and in 3. Whether on the facts and in the circumstances of the case and in law, the Ld. NFAC/Ld.CIT(A) erred in allowing appeal of assessee by law, the Ld. NFAC/Ld.CIT(A) erred in allowing appeal of assessee by law, the Ld. NFAC/Ld.CIT(A) erred in allowing appeal of assessee by not following the directions of the Hon'ble ITAT by not bringing on record not following the directions of the Hon'ble ITAT by not bringing on record not following the directions of the Hon'ble ITAT by not bringing on record balance sheet of earl balance sheet of earlier years of proprietary concern duly supported by ier years of proprietary concern duly supported by documentary evidences of the amount received and part payment documentary evidences of the amount received and part payment documentary evidences of the amount received and part payment towards discharging of liabilities claimed by the assessee. towards discharging of liabilities claimed by the assessee.