9911796707
TMI Blog2019 (2) TMI 1829X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Ld. CIT(A) and reject the grounds raised by the assessee. - ITA NO.4960/MUM/2017 - - - Dated:- 20-2-2019 - SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER For the Assessee : Shri Piyush Chhajed For the Department : Shri Rajesh Ojha ORDER PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Ld.Commissioner of Income tax (Appeals)-10, Mumbai [hereinafter in short Ld.CIT(A) ] dated 12.05.2017 for the Assessment year 2012-13. 2. The assessee has raised the following grounds in its appeal: - The grounds mentioned hereunder are without prejudice to one another: - 1) The learned Commissioner of Income Tax (Appeal) erred in upholding Reopening of assessment u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... os. 1 to 3 are dismissed as not pressed. 4. In so far as Ground No.4 5 i.e. in respect of confirming the disallowance of 12.5% of the purchases treated as non-genuine by the Assessing Officer is concerned, the Assessing Officer while completing the assessment noticed that assessee made purchases from Lucky Export and required the assessee to prove the genuineness of the purchases. The assessee filed copies of invoices, bank statements, ledger accounts for the purchases made from parties. 5. Ld. AR of the assessee vide order sheet entry dated 15.02.2016 appears to have accepted for the addition @12.5% of the purchases made from Lucky Export and ready to pay the taxes and not to file any appeal. Taking the above facts and circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Further, it is seen from the Assessment Order at Para 5.11, the AR of the appellant has agreed for the addition @12.5% of purchases at the time of assessment proceedings as per order sheet noting. Since, the Ld. AR has agreed for the addition there should not be any further grievance. The relevant part of the Assessment Order is reproduced as under: - 5.11. the A.R of the assessee vide order sheet entry dated 15/02/2016 has accepted the addition made @ 12.5% of purchases made from Lucky Export and ready to pay taxes and not file to appeal. When the Ld. AR has agreed for the addition / disallowance before the Assessing Officer, the assessee has no locus standi to agitated the issue any further. While deciding penalty issued the Bomb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is no grievance for the assessee. 10. The Hon ble Bombay High Court in the case of Rameshchandra and Company v. CIT [168 ITR 375] held as under: 11. The judgment of this court in Jivatlal Purtapshi's case [1967] 65 ITR 261 was, as the Tribunal held, squarely applicable. It was stated by this court (at p. 266) that what is voluntarily accepted cannot give rise to a grievance which can be taken further in appeal. In the appeal memo, which was filed by the Department, the only ground taken was that the deletion of the item by the Appellate Assistant Commissioner was erroneous. The said ground was obviously unsustainable, since there could be no error on the part of the Appellate Assistant Commissioner in accepting the concessio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stant Commissioner was barred if the impugned order mentioned that the order had been passed on the agreement of the assessee. The provisions of the Act entitled an assessee to file an appeal against the order of the Income-tax Officer before the Appellate Assistant Commissioner where the assessee denied his liability to be assessed under the Act. It was a different matter if the Appellate Assistant Commissioner came to the conclusion that the order was passed on the admission of the assessee and the assessee was unable to explain that the admission was wrongly recorded under some mistaken belief of fact and law. In that case, the Appellate Assistant Commissioner could dismiss the appeal on merits but it could not be held as a matter of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
