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

Last updated: 23 December 2020

Save Share

Quick Summary

This case involves multiple appeals by Mr. Bharat K. Sheth and the Department of Revenue concerning various assessment years from 1998-99 to 2013-14. Although the assessments were framed and adjudicated separately, the core facts and issues are largely identical across all years. The Income Tax Appellate Tribunal has designated the appeal for AY 1998-99 as the lead case for adjudication, with its decision expected to apply to all other related appeals.

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.

Citation :
I.T.A. No.4648/Mum/2015

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)
&
Shr i 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 issuesare 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 appeals concern income tax matters for Mr. Bharat K. Sheth against the DCIT, spanning multiple assessment years.

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

No, it is an admitted position that the facts and issues are more or less identical in all the years.

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

The appeals are being heard by the Income Tax Appellate Tribunal, 'B' Bench, Mumbai, presided over by Hon'ble Shri Saktijit Dey, JM and Hon'ble Shri Manoj Kumar Aggarwal, AM.