Itxa/5117/2010 Of The Commissioner Of Income Tax - 8 Mumbai v. Abdulla Mohammed

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5117 OF 2010 The Commissioner of Income Tax-8, Mumbai ..Appellant. V/s. Abdulla Mohammed ..Respondent. Mr. Suresh Kumar for the appellant. None for the respondent. CORAM : J.P. DEVADHAR AND K.K. TATED, JJ. DATED : 4TH OCTOBER, 2011 P.C. :- 1.Whether the ITAT was justified in remanding the matter back to the assessing officer for considering the question as whether the assessee was entitled to claim deduction of the amount invested in purchasing the smuggled goods, which are confiscated by the customs authorities, is the question raised in this appeal. 2.The assessee is engaged in the business of smuggling. During the assessment year in question, gold and other articles smuggled by the assessee were confiscated by the customs authorities. In the Income Tax proceedings, the assessing officer sought to tax the entire cost of the smuggled articles confiscated by the customs authorities as undisclosed income of the assessee. 3.The assessee claimed that the amount invested for purchasing the smuggled articles which were ultimately confiscated by the customs authorities were liable to be deducted from the undisclosed income. The assessing officer disallowed the claim of the assessee. The Tribunal has remanded the issue back to the file of the assessing officer for fresh consideration. Since the ITAT has restored the issue to the file of the assessing officer for fresh consideration of question as to whether the amount invested for purchasing the smuggled goods were allowable in view of the amended provision of Section 37(1) of the Income Tax Act, 1961, we are not inclined to entertain this appeal. The appeal is accordingly dismissed with no order as to costs. All contentions are kept open. (K.K. TATED, J.) (J.P. DEVADHAR, J.)