KUNAL KRISHNA SHINDE,MUMBAI vs. ITO WD 17(2)(4), MUMBAI

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ITA 4850/MUM/2015Status: DisposedITAT Mumbai06 September 2016AY 2011-123 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal directed the Assessing Officer to examine the new evidence presented by the assessee, keeping in view the principle of natural justice. The assessee was given an opportunity to substantiate their claim.

What were the facts?

The assessee is aggrieved by an addition of Rs. 23,23,411/- treating it as undisclosed income. The assessee presented new evidence collected after the assessment order was passed.

What were the issues?

Whether new evidence, collected after the assessment order, should be considered and examined by the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI

Before: Shri Joginder Singh,

For Respondent: Shri Sumit Kumar-DR
Hearing: 06/09/2016

आदेश / O R D E R

1.

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.

2.

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.

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