DCIT CEN CIR 40, MUMBAI v. DR. SARITA DAVARE, MUMBAI

ITA 1788/MUM/2014 | 2007-2008
Pronouncement Date: 29-09-2016 | Result: Dismissed

Appeal Details

RSA Number 178819914 RSA 2014
Assessee PAN AHVPD8632R
Bench Mumbai
Appeal Number ITA 1788/MUM/2014
Duration Of Justice 2 year(s) 6 month(s) 16 day(s)
Appellant DCIT CEN CIR 40, MUMBAI
Respondent DR. SARITA DAVARE, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 29-09-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 29-09-2016
Assessment Year 2007-2008
Appeal Filed On 14-03-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI BEFORE SHRI B.R.BASKARAN (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 1788/MUM/2014 ASSESSMENT YEAR: 2007-08 THE DCIT C C - 40 ROOM NO. 653 6 TH FLOOR AAYAKAR BHAVAN M.K.ROAD MUMBAI- 400 020. VS. DR. SARITA DAVARE FLAT NO. 501 SWAPNA APARTMENT B-ROAD NO. 1 VILE PARLE (E) MUMBAI- 400 057. PAN- AHVPD8632R (APPELLANT) (RESPONDENT) APPELLANT BY : CAPTAIN PRADEEP ARYA RESPONDENT BY : SHRI. VIJAY KOTHARI DATE OF HEARING: 2 9 /0 9 /2016 DATE OF PRONOUNCEMENT: 29/09/201 6 O R D E R PER RAM LAL NEGI JM THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAI NST ORDER DATED 27/12/2013 PASSED BY THE LD CIT(APPEALS)-38 MUMBAI FOR THE AS SESSMENT YEAR 2007-08. 2. THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER O N FOLLOWING EFFECTIVE GROUNDS:- 1. 'ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE CIT(A) ERRED IN DELETING THE ADDITION MADE ON ACCOU NT OF CAPITALIZED AMOUNT OF RS.16 28 432/- BY NOT CONSIDERING AND DE CIDING THE ISSUE ON MERITS'. 2 ITA NO. 1788/MUM/2014 ASSESSMENT YEAR: 2007-08 2. 'ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE CIT(A) ERRED IN ALLOWING THE APPEAL OF THE ASSESSEE BY HOLDING THAT ONLY UNDISCLOSED INCOME AND UNDISCLOSED ASSETS 'DET ECTED DURING SEARCH' COULD BE BROUGHT TO TAX'. 3 'ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE CIT(A) ERRED IN ALLOWING THE APPEAL OF THE ASSESSEE BY IN HOLDING THAT THE SCOPE OF SECTION 153A IS LIMITED TO ASSESSING O NLY INCOME BASED ON THE INCRIMINATING DOCUMENTS FOUND DURING SEARCH THEREBY DENYING REVENUE THE OPPORTUNITY OF TAXING OTHER ESC APED INCOME THAT COMES TO THE NOTICE OF THE ASSESSING OFFICER'. 4 'ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE CIT(A) ERRED IN ALLOWING THE APPEAL OF THE ASSESSEE PLACING RELIANCE ON THE DECISION OF THE JURISDICTIONAL HON'BLE ITAT MUMBAI BENCH (SPECIAL BENCH) IN THE CASE OF ALL CARGO GLOBAL LOG ISTICS LTD. (137 ITD 287) WHEREAS THE DECISION IN ALL CARGO GLOBAL LOGI STICS LTD HAS BEEN FURTHER CONTESTED IN APPEAL AND THE DECISION OF THE HON'BLE MUMBAI HIGH COURT IS STILL PENDING'. 3. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THIS CASE IS BELOW RS.10 00 000/- HENCE AS PER THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10/12/2015 THE PRESENT APPEAL IS NOT M AINTAINABLE. 4. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT I N DEPARTMENTS APPEAL IS BELOW RS.10 LAKHS WE FIND THAT THE ISSUE RAISED IN APPEAL DOES NOT FALL UNDER ANY OF THE EXCEPTIONS SPECIFIED IN PARA 8 OF THE C IRCULAR. SINCE IT HAS BEEN SPECIFICALLY CLARIFIED IN THE CIRCULAR AFORESAID TH AT THE INSTRUCTION WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS; THE PRE SENT APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. WE THEREFORE DISMIS S THE SAME IN LIMINE . 3 ITA NO. 1788/MUM/2014 ASSESSMENT YEAR: 2007-08 ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH SEPTEMBER 2016 SD/- SD/- ( B.R.BASKARAN ) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 29/09/2016 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. !' $ !'% / DR ITAT MUMBAI 6. &' ( / GUARD FILE. / BY ORDER ) //TRUE COPY// / (DY./ASSTT. REGISTRAR) / ITAT MUMBAI PRAMILA