ITO 32(2)(3), MUMBAI vs. MITESH K JAIN, MUMBAI

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ITA 2292/MUM/2015Status: DisposedITAT Mumbai12 July 2016AY 2007-083 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that a previous order for the same assessment year had quashed the assessment order due to invalidity of proceedings under section 147. Consequently, the Revenue's appeal was dismissed as infructuous.

What were the facts?

The Revenue appealed an order by the CIT(A) regarding the assessment year 2007-08. The CIT(A) had reduced the estimated income from cash deposits from 20% to 3% and considered only one bank account. The Assessing Officer had initiated proceedings under section 144 r.w.s. 147 of the Income Tax Act.

What were the issues?

The primary issue was the validity of the assessment proceedings initiated under section 147 of the Income Tax Act, which rendered the subsequent appeal infructuous.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.S.PANNU

For Appellant: Shri A.K.Kardam
For Respondent: Shri Nitesh K. Jain
Hearing: 12/07/2016Pronounced: 12/07/2016

The captioned appeal filed by the Revenue pertaining to assessment year 2007-08 is directed against an order passed by CIT(A)- 44, Mumbai dated 23/01/2015, which in turn arises out of an order passed by the Assessing Officer under section 144 r.w.s. 147 of the Income Tax Act, 1961 (in short ‘the Act’) dated 26/03/2013.

2.

In this appeal, Revenue has raised the following Grounds of appeal. (i) "On the facts and in the circumstances of the case and in law, the Ld CIT(A) erred in considering 3% of the deposits against 20% (Assessment Year : 2007-08) estimated by the A.O. as fair income of the assessee in the absence of any material evidence on record." (ii) "On the facts and in the circumstances of the case and in law, the Ld CIT(A) erred in arriving at cash deposits of the assessee at Rs.49, 75,300/- instead of Rs .1,35,86,6841 -." (iii) "On the facts and in the circumstances of the case and in law, the Ld CIT(A) erred in taking into account only one bank account instead of two bank accounts held by the assessee for consideration." (iv) "On the facts and in the circumstances of the case and in law, the Ld CIT(A) erred in not appreciating the fact that the assessee did not cooperate with the department in connection with assessment proceedings for the preceding years and current assessment year and modus operandi of his business activities is unknown." (v) "The appellant prays that the order of the Ld CIT(A) on the above grounds be set aside and that of the A.O. be restored." (vi) The appellant craves leave to amend or alter any ground or add a new ground."

3. At the time of hearing, the appellant furnished a copy of the order of the Tribunal in dated 01/07/2016, whereby for the instant assessment year the impugned assessment order dated 26/03/2013 has been quashed on the ground of invalidity of the proceedings initiated under section 147 of the Act. As a consequence, the appeal of Revenue is dismissed, as infructuous.

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