BHARAT K SHETH, MUMBAI vs DCIT RG 5(3)(2), MUMBAI

Last updated: 23 December 2020

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Quick Summary

This case involves multiple appeals filed by Bharat K. Sheth against the Deputy Commissioner of Income Tax (DCIT) in Mumbai, spanning several assessment years from 1998-99 to 2013-14. The Income Tax Appellate Tribunal has consolidated these appeals, noting that the facts and issues are largely identical across all years. The appeal for the assessment year 1998-99 has been selected as the lead case for adjudication, which will set the precedent for the other years.

Court :
ITAT Mumbai

Brief :
The assessee is under appeal for various Assessment Years as captioned above whereas the revenue is in appeal for Assessment Year (AY) 1999-2000. The assessment has been framed on different dates which have been adjudicated by Ld. first appellate authority vide separate orders. However, it is admitted position that facts and issues are more or less identical in all the years and adjudication in any year would apply to all the other years also.

Citation :
I.T.A. No.2253/Mum/2018

IN THE INCOME TAX APPELLATE TRIBUNAL
“B” BENCH, MUMBAI

BEFORE HON’BLE SHRI SAKTIJIT DEY, JM AND
HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(Hearing Through Video Conferencing Mode)
I.T.A. No.2140/Mum/2002
Assessment Year: 1998-99)
&
I.T.A. No.1527/Mum/2005
Assessment Year: 1999-2000)
&
I.T.A. No.2822/Mum/2006
Assessment Year: 2001-02)
&
I.T.A. No.2747/Mum/2012
Assessment Year: 2002-03)
&
I.T.A. No.2748/Mum/2012
Assessment Year: 2003-04)
&
I.T.A. No.2749/Mum/2012
Assessment Year: 2004-05)
&
I.T.A. No.8547/Mum/2010
Assessment Year: 2007-08)
&
I.T.A. No.2746/Mum/2012
Assessment Year: 2008-09)
&
I.T.A. No.2251/Mum/2018
Assessment Year: 2010-11)
&
I.T.A. No.4648/Mum/2015
Assessment Year: 2011-12)
&
I.T.A. No.2252/mum/2018
Assessment Year: 2012-13)
&
Shri Bharat K.Sheth
I.T.A. No.2253/Mum/2018
Assessment Year: 2013-14)

O R D E R

Per Bench

1. The assessee is under appeal for various Assessment Years as captioned above whereas the revenue is in appeal for Assessment Year (AY) 1999-2000. The assessment has been framed on different dates which have been adjudicated by Ld. first appellate authority vide separate orders. However, it is admitted position that facts and issues are more or less identical in all the years and adjudication in any year would apply to all the other years also. For the purpose of adjudication, the assessee’s appeal for AY 1998-99 is taken as the lead year which is against the order of Ld. Commissioner of Income Tax (Appeals), CentralShr VI, Mumbai order dated 28/02/2002. The effective grounds read as under: -

To know more in details find the attachment file

FAQ :

The parties involved are Bharat K. Sheth (the assessee) and the Deputy Commissioner of Income Tax (DCIT), Mumbai (the revenue).

The appeals cover various assessment years from 1998-99 up to 2013-14.

Multiple appeals have been filed by the assessee for different assessment years, while the revenue has filed an appeal for the assessment year 1999-2000.

It is an admitted position that the facts and issues are more or less identical in all the years, meaning the adjudication in one year will likely apply to the others.

The assessee's appeal for Assessment Year 1998-99 is being taken as the lead year for the purpose of adjudication.