DCIT 29(2), Mumbai vs. Shri Kirti Ramji Kothari, Mumbai
In the result, the appeal filed by the revenue is hereby dismissed
ITA 3341/MUM/2019[2015-16]Status: DisposedITAT Mumbai28 Apr 2022AY 2015-16
Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3341/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Dcit-29(2) बिधम/ Kirti Ramji Kothari Room No.422, 4Th Floor, A/7, Maheh Krupa Devi Vs. Kautilya Bhavan, B.K.C. Dayal Cross Road, Mulund Bandra (E), Mumbai- (W), Mumbai-400080. 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaepk3216C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Bharti Singh (Sr. Ar) Assessee By: Shri Mandar Vaidya सुनवाई की तारीख / Date Of Hearing: 05/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 14.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -40 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2015- 16. 2. The Revenue Has Raised The Following Grounds: - "1. On The Facts & Circumstances Of The Case, The Id. Cit(A) Erred In Allowing The Assessee’S Claim That The Profit Of Rs. 5,75,40,478/- From F & O Trading Was To Be Assessed Either As Business Income Or Under Either Of The Heads Of Income A To F Of Section 14 Of The Lt. Act Without Appreciating The Fact That The Investigation & Analysis Of The A.Y.2015-16 Facts As Borne Out By The A.O. In The Assessment Order Clearly Establish That The Profit Was Bogus & Sham Earned Through Synchronized Trading In Illiquid Stock Option & Accordingly The Same Was Correctly Assessed U/S 68 Of The It Act.
For Appellant: Shri Mandar VaidyaFor Respondent: Shri Bharti Singh (Sr. AR)
Section 14Section 143(2)Section 68Section 69C
…7 the Bench observed as follows: 4 A.Y.2015-16 A similar question came up before this Court in C/T v. Hasimara Industries Ltd. [IT Reference No. 5 of 1984, dated 25-7-1983]. There, the bench, after considering the decision in Daulatram Rawatmull v. CIT 1967 64 ITR 593 Cal. observed as follows: "There is no dispute as to the fact that the cash credit account was appearing in the assessee’s tea garden books of account, ie., business books of account. The cash credits continued throughout the accounting period. The assessee’s main activity was the cultivation, manufacture and sale of tea. For the assessment year…