Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI
Before: Shri Joginder Singh,
आदेश / O R D E R
The assessee is aggrieved by the impugned order dated 12/06/2015 of the Ld. First Appellate Authority, Mumbai. The only ground raised by the assessee pertains to making addition of Rs.23,23,411/- by treating the same as undisclosed income, ignoring the factual matrix.
During hearing, the ld. counsel for the assessee, Shri Ritesh Jain, drew my attention to various pages of the paper book and more specifically confirmation letter from Kokan Vikas Co-Op. Bank, Shivchhaya Nagari Sahkari Patpedhi, Bank statement from ICICI Bank, statement showing the amounts collected from various parties and assessment order passed u/s 143(3) of the Act for Assessment year 2013-14. The ld. counsel contended that the documents mentioned at serial number 6 & 7 and 48 to 63 of the paper book are new evidences and could not be collected before the passing the orders, therefore, it was requested that these documents goes to the roots of the matter, consequently, may be accepted and examined. On the other hand, the ld. DR, Shri Sumit Kumar, contended that these documents may be got examined from the Assessing Officer.
2 I have considered the rival submissions and perused the material available on record. Without going into much deliberation, I am of the view, that mandate of the Constitution of India is to levy and collect due taxes. Since, the documents mentioned at serial Number 6 & 7 and 48 to 63 of the paper book were collected by the assessee on a later date, therefore, keeping in view, the principle of natural justice, I direct the ld. Assessing Officer to examine the factual matrix and decide in accordance with law. Needless to mention here that the assessee be given opportunity to substantiate his claim. The assessee is directed to furnish the necessary evidence before the ld. Assessing Officer so that the genuineness of the documents and the relevant factual matrix may be examined. This appeal of the assessee, is therefore, allowed for statistical purposes only.
Finally, the appeal of the assessee is allowed for statistical purposes.
This order was pronounced in the open in the presence of ld. representative from both sides at the conclusion of the hearing on 06/09/2016.