Latest Expert Exchange Queries

GST Demo Service software link:
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Popular Search: cpt :: due date for vat payment :: TAX RATES - GOODS TAXABLE @ 4% :: ACCOUNTING STANDARDS :: ACCOUNTING STANDARD :: VAT Audit :: Central Excise rule to resale the machines to a new company :: articles on VAT and GST in India :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ARTICLES ON INPUT TAX CREDIT IN VAT :: VAT RATES :: form 3cd :: TDS :: empanelment
From the Courts »
 Commissioner Of Income Tax, Delhi Vs. M/s. Maruti Udyog Ltd
 Pr. Commissioner Of Income Tax - 6 Vs. M/s. Mohan Export India Private Limited
 Principal Commissioner Of Income Tax-7 Vs. Oriental International Co. Pvt. Ltd.
 Pr. Commissioner Of Income Tax-2 Vs. British Motor Car Co.(1934) Ltd
  Vidyadayani Shiksha Samiti vs. CIT (ITAT Delhi)
 Halcrow Consulting India Pvt. Ltd vs. DCIT (ITAT Delhi)
 ACIT vs. TRN Energy Pvt. Ltd (ITAT Delhi)
 Aditya Chemicals Ltd vs. ITO (ITAT Delhi)
 Gayatri Aggarwal Vs. Income Tax Commissioner & Ors.
 Paradigm Geophysical Pvt. Ltd. Vs. Commissioner Of Income Tax (International Taxation)-3, New Delhi
 Download Companies (Amendment) Act, 2017

Prabhakar P Purohit,2nd floor, Satwant Villa Aarey Road,Goregoan(W),Mumbai. vs. ACIT, Cent. Circle-47,Aayakar Bhavan, M.K. Road,Mumbai.
December, 12th 2012
                               MUMBAI BENCH `C' BENCH


                            ITA Nos.4431 & 4432/Mum/2011
                         Assessment Years: 2004-05 & 2005-06

Prabhakar P Purohit,                          ACIT, Cent. Circle-47,
2nd floor, Satwant Villa Aarey Road,          Aayakar Bhavan, M.K. Road,
Goregoan(W),                                  Mumbai.
Mumbai.                                 Vs.
PA No.AENPP 7243 P

(Appellant)                                   (Respondent)

                              Appellant by : Shri G.P.Mehta
                              Respondent by: Shri A.C.Tejpal

Date of hearing:                10 .12.2012
Date of pronouncement:           10.12.2012


Per Bench:

       The assessee has filed these two appeals for assessment years 2004-05 and
2005-06 against two separate orders both dated 20.1.2011 of ld CIT(A)-38, Mumbai.

2.     At the time of hearing, ld counsel for assessee submitted that additional grounds
taken by the assessee for both the assessment years under consideration before ld
CIT(A) vide letter dated 29th January, 2009 have not been adjudicated by ld CIT(A),
which read as under:

       "1. The assessment order passed uls.153A r.w.s. 144 of the I. T. Act,
       1961, is ab-initio void, inasmuch as, as no return of income was
       prescribed for the assessment year under appeal by the Rule making
       authority, there was no basis available for completion of assessment.

       2. The learned Assessing Officer has grossly erred in passing assessment
       order u/s.153A, 144 of the I. T. Act, 1961, determining, income at
       Rs.3,08,000/- for A.Y. 2004-05 and (Rs.30,88,000/- for A.Y. 2005-06)
       even though the appellant was precluded from filing return of income,
       same not having been prescribed by the Rule making authority.
                                              2                    ITA Nos.4431 & 4432/Mum/2011
                                                              Assessment Years: 2004-05 & 2005-06

       3. The assessment order passed u/s.153A r.w.s. 144 of the LT. Act, i961
       is ab-initio void, inasmuch as, the material gathered or evidences
       collected during search & post search inquiries, were never made
       available to the appellant, prior to using the same for framing the
       assessment. Consequently, the impugned assessment order is in clear
       contradiction to the principles of natural justice.

       4. The learned Assessing Officer has grossly erred in estimating income at
       Rs.3,088,000/- being 1 % of deposits appearing in the third party's bank
       account, without giving an opportunity of being heard on the issue

Ld. A.R. submitted that above additional grounds go to the root of the validity of the
assessment orders and, therefore, they should have been decided before considering
the additions made by the Assessing officer.

3.     Ld CIT(DR) submitted that he has no objection if the matter is restored to the
file of ld CIT(A) to consider and decide the additional grounds taken before him.

4.     We have considered submissions of ld representatives of parties and orders of
authorities below.      It is a fact that the additional grounds go to the validity of the
assessment order.       Therefore, we set aside the impugned orders of ld CIT(A) and
restore the same to his file to consider additional grounds taken by the assessee before
him by a speaking order after giving reasonable opportunity of hearing to both parties.

5.     Since we have restored the matter to the file of ld CIT(A), we do not consider it
prudent to decide other grounds taken by the assessee disputing confirmation of
additions made by the AO.

6.     In the result, both the appeals filed by assessee are treated as allowed for
statistical purposes.

       Pronounced in the open court at the time of hearing i.e. on 10th December, 2012

                    Sd/-                                           Sd/-
              (N.K. BILLAIYA)                                 (B.R. MITTAL)
            Accountant Member                                Judicial Member

Mumbai, Dated        10th    December, 2012
                                       3                   ITA Nos.4431 & 4432/Mum/2011
                                                      Assessment Years: 2004-05 & 2005-06


Copy to:
1. The appellant
2. The respondent
3. Commissioner of Income Tax (Appeals),38, Mumbai
4. Commissioner of Income Tax, C-IV , Mumbai
5. Departmental Representative, Bench `C' Mumbai

//TRUE COPY//                                        BY ORDER

                                        ASSTT. REGISTRAR, ITAT, MUMBAI
Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Our Vision

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions