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Income Tax Officer - 9(2)(3) M/s. Magic Park (India) P. Ltd. Room No. 225, Aayakar Bhavan 3B, Girnar Apts, 55 Pali Hill M.K. Road, Mumbai 400020 Vs. Bandra (W), Mumbai 400050
October, 23rd 2013
                           "B" Bench, Mumbai

                  Before Shri D. Manmohan, Vice President
                 and Shri Sanjay Arora, Accountant Member

                            ITA No. 9091/Mum/2010
                            (Assessment Year: 2007-08)

     Income Tax Officer - 9(2)(3)          M/s. Magic Park (India) P. Ltd.
     Room No. 225, Aayakar Bhavan      Vs. 3B, Girnar Apts, 55 Pali Hill
     M.K. Road, Mumbai 400020              Bandra (W), Mumbai 400050
                                           PAN - AAECM3597M
                Appellant                           Respondent

                     Appellant by:     Ms Divya Bajpai
                     Respondent by:    None

                     Date of Hearing:       17.10.2013
                     Date of Pronouncement: 17.10.2013


Per D. Manmohan, V.P.

       This appeal is filed at the instance of the Revenue and it pertains to
A.Y. 2007-08.

2.      The only ground urged by the Revenue reads as under: -

       "1. On the facts and in the circumstances of the case and in law, the
           Ld. CIT(A) erred in deleting the addition of Rs.1,86,19,875/-
           comprising share application money (Rs.1,85,97,640/-) and
           unsecured loan (Rs.22,235/-) ignoring the facts on record which
           indicates that these amounts were found credited in the book in
           the relevant assessment year."

3.      The case was originally posted for hearing on 22.07.2013 wherein the
learned counsel for the assessee, Shri Stany Saldanha, submitted that there
is no fresh loans/increase in share application money during the year and
hence there is no case for making an addition under section 68 of the Act
and in support thereof a paper book was filed. Schedule forming part of the
Balance Sheet as on 31.03.2006, shows unsecured loan of `22,235/- as well
as share application money of `1,85,97,640/- was reflected in the Balance
Sheet for the previous year ending on 31st March 2006 and the same figures
appear as on 31st March, 2007 which implies that there is no fresh capital
                                      2                  ITA No. 9091/Mum/2010
                                                     M/s. Magic Park (India) P. Ltd.

introduction or loan in the year under consideration. The Revenue, however,
appears to have claimed that these amounts were credited in the relevant
assessment year and hence the learned DR was directed to furnish evidence
in support thereof and also directed to find out from the office of the
Registrar of Companies as to what was the share application money received
in the immediately preceding year and whether there is any fresh amount
received in the year under consideration. Accordingly the case was
adjourned for hearing on 17.10.2013. However, at this stage the learned
counsel requested for an adjournment on the ground that he has to appear
in a Civil Court in another matter and hence would not be able to appear in

4.    Under these circumstances we called upon the learned D.R. to furnish
the evidence, if any, to support the stand taken before us. The learned D.R.
fairly admitted that no information is supplied by the AO in support of the
contention that these amounts were found credited in the books of the
assessee in the previous year relevant to A.Y. 2007-08.

5.    The learned CIT(A), in fact, categorically mentioned that the financial
statements of the assessee clearly reflect that there is no fresh inflow in the
year under consideration and hence no case was made out by AO to make
the impugned addition. In the absence of any evidence to contradict the
findings of the CIT(A), we do not find any merit in the appeal filed by the
Revenue. We, therefore, proceeded to dispose of the appeal exparte, qua
assessee. Since no material, whatsoever, was furnished to contradict the
findings of the learned CIT(A), we affirm the order of the CIT(A) and dismiss
the appeal filed by the Revenue.

6.    In the result, as pronounced in the open court, appeal filed by the
Revenue is dismissed.

Order pronounced in the open court on 17th October, 2013.

                  Sd/-                                  Sd/-
             (Sanjay Arora)                        (D. Manmohan)
          Accountant Member                        Vice President

Mumbai, Dated: 17th October, 2013
                                       3                  ITA No. 9091/Mum/2010
                                                      M/s. Magic Park (India) P. Ltd.

Copy to:

   1.   The   Appellant
   2.   The   Respondent
   3.   The   CIT(A) ­ 20, Mumbai
   4.   The   CIT­ 9, Mumbai City
   5.   The   DR, "B" Bench, ITAT, Mumbai

                                                      By Order

//True Copy//
                                                   Assistant Registrar
                                           ITAT, Mumbai Benches, Mumbai
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