VISHWAS R. BHOIR, MUMBAI v. ACIT CIR 3, MUMBAI

ITSSA 73/MUM/2009 | misc
Pronouncement Date: 16-04-2010 | Result: Allowed

Appeal Details

RSA Number 7319916 RSA 2009
Assessee PAN AGIPB3792L
Bench Mumbai
Appeal Number ITSSA 73/MUM/2009
Duration Of Justice 9 month(s) 13 day(s)
Appellant VISHWAS R. BHOIR, MUMBAI
Respondent ACIT CIR 3, MUMBAI
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 16-04-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 16-04-2010
Assessment Year misc
Appeal Filed On 03-07-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH MUMBAI. BEFORE S/SHRI S.V.MEHROTRA AM & N.V.VASUDEVAN JM I.T.(SS)A. NO. 73 /MUM/2009 BLOCK PERIOD: 1.4.1990 TO 20.10.2000 VISHWAS R BHOIR V. THE ACIT CIRCLE-3 ROHINI APARTMENT G.G.ROAD DOMBIVALI(W) RANI MANS ION MURBAD ROAD MUMBAI. KALYAN MUMBAI. PA NO.AGIPB 3792 L (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI N.N.NANDGAONKAR REVENUE BY : SHRI VIRENDRA OJHA O R D E R PER S.V.MEHROTRA AM THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 13.3.2009 OF LD CIT (A)-I THANE CONFIRMING THE PENALTY OF RS.1 63 24 630/- LEVIED BY THE AO U/S. 158BFA(2) OF THE I.T.ACT 1961 FOR THE BLOCK PERIOD 1.4.90 TO 14.12.2000. 2. FACTS IN BRIEF ARE THAT IN THIS CASE A SEARCH & SEIZURE ACTION WAS CARRIED OUT U/S.132 OF THE I.T.ACT ON 14.12.2000 AND A NUMBER O F INCRIMINATING DOCUMENTS WERE FOUND AND SEIZED. THE ASSESSEE HAD FILED THE BLOCK RETURN OF INCOME ON 30.12.2002 SHOWING UNDISCLOSED INCOME FOR THE BLOCK PERIOD AT RS.50 49 957/-. THE AO COMPLETED THE BLOCK ASSESSMENT ORDER U/S.158BC ON 31.12.2002 DETERMINING THE UNDISCLOSED INCOME OF THE BLOCK PERIOD FROM 1.4.90 TO 14.12.2000 AT RS .2 83 04 419/-. HENCE THE EXCESS UNDISCLOSED INCOME COMPUTED BY THE AO ON THE BASIS OF THE SEIZED MATERIAL WAS RS.2 32 54 462/- WHICH WAS TREATED AS CONCEALED IN COME OF THE ASSESSEE. THE AO ALSO ISSUED SHOW CAUSE NOTICE TO THE ASSESSEE FOR IMPOSI TION OF PENALTY U/S.158BFA(2). THE 2 ASSESSEE DID NOT FILE ANY EXPLANATION BEFORE THE AO . ACCORDINGLY THE AO LEVIED PENALTY OF RS.1 63 24 630/- U/S.158BFA(2). ON APPEAL LD C IT (A) CONFIRMED THE PENALTY ORDER. 3. AT THE TIME OF HEARING LD COUNSEL FOR THE ASSES SEE FILED BEFORE US A COPY OF DECISION DATED 8 TH SEPTEMBER 2009 OF THE ITAT IN IT(SS) A NO.584/M/ 2004 FOR THE BLOCK PERIOD 1.4.90 TO 14.12.2000 AND CONTENDED THA T IN ASSESSEES OWN CASE IN QUANTUM APPEAL THE TRIBUNAL HAS RESTORED THE MATTER TO THE FILE OF THE FIRST APPELLATE AUTHORITY . 4. WE HAVE HEARD BOTH THE SIDES AND HAVE PERUSED TH E RECORD OF THE CASE. WE FIND THAT IN QUANTUM APPEAL THE TRIBUNAL VIDE ITS ORDE R DATED 8.9.2009(SUPRA) HAS RESTORED THE MATTER TO THE FILE OF THE CIT (A) TO DECIDE THE SAM E AFTER AFFORDING A REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. WE THEREFO RE SET ASIDE THE ORDER OF LEARNED CIT(A) CONFIRMING THE PENALTY AND RESTORE THE MATTE R TO HIS FILE TO DECIDE THE PENALTY AFRESH IN ACCORDANCE WITH LAW AFTER DECIDING THE QU ANTUM APPEAL. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED ON 16 TH APRIL 2010 SD/- (N.V.VASUDEVAN) (JUDICIAL MEMBER) SD/- (S.V. MEHROTRA) (ACCOUNTANTMEMBER) MUMBAI DATED 16 TH APRIL 2010 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- MUMBAI 4. COMMISSIONER OF INCOME TAX CITY- MUMBAI 5. DEPARTMENTAL REPRESENTATIVE BENCH F MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR ITAT MUMBAI 3 DATE INITIALS 1. DRAFT DICTATED ON 15.4.2010 PS 2. DRAFT PLACED BEFORE AUTHOR 15.4.2010 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM/JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/J M 5. APPROVED DRAFT COMES TO THE SR. PS PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER 4