Punit J. Patel v. The Assistant Commissioner Of Incometax, Central Circle – 13, Mumbai

R.M. AMBERKAR (Private Secretary) IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 642 OF 2016 Punit J. Patel ..Appellant Versus The Assistant Commissioner of IncomeTax, Central Circle – 13, Mumbai..Respondent ................... •Mr. Nisht Gandhi for the Appellant •Mr. Suresh Kumar for the Respondent ................... CORAM : AKIL KURESHI & M.S. SANKLECHA, JJ. DATE : NOVEMBER 26, 2018. P.C.: 1.This appeal under Section 260A of the Income Tax Act,1961 (“the Act” for short), challenges the order dated21.1.2015 passed by the Income Tax Appellate Tribunal,Mumbai ("the Tribunal" for short). This appeal relates tothe assessment year 2003-04. The common impugned orderhas been passed not only in respect of the appellant hereinbut also in respect of his mother Mrs. Cheryl J. Patel. 2.The basic issue raised on behalf of the appellant is asunder:- "Whether in the facts and circumstances of the case and in law, theTribunal was justified in dismissing the assessee's appeal by merelyrecording that it accepts the view of the (CIT) Appeals?” 3.It is agreed between the parties that for the reasonsrecorded in our order passed today in Income Tax AppealNos. 643 of 2016 and 424 of 2016 (Cheryl J. Patel Vs. TheAssistant Commissioner of Income Tax, Central Circle-13,Mumbai), the impugned order dated 21.1.2015 is notsustainable. Accordingly, the impugned order in respect ofthis appeal is also quashed and set aside. The appeal isrestored to the Tribunal for fresh consideration in accordancewith law. 4.Accordingly, this appeal is also allowed in above terms.All contentions kept open.All contentions kept open. [ M.S. SANKLECHA, J. ] [ AKIL KURESHI, J ]