Anand Jain, Mumbai vs Cit Cen-Iii, Mumbai on 5 May, 2017
The ld. counsel also relied
upon the decision of the Mumbai Bench of this Tribunal in the case of Mrs.
Shweta Avarsekar v. Principal Commissioner of Income Tax in ITA No. 3186
18 ITA 3895/Mum/2013
and 3187/Mum/2016 for assessment years 2006-07 and 2009-10, vide
common order dated 1st August, 2016 as well as in the case of M/s
Hanspro.com Pvt Ltd. v. Pr. Commissioner of Income Tax in ITA No.
3573/Mum/2016 for assessment year 2006-07 vide order dated 31st January,
2017 and decision of Mumbai-tribunal in the case of Jitendra J. Mehta v. CIT
in ITA No. 1872/Mum/2015 for assessment year 2006-07 vide orders dated
24th June, 2015, copies of the orders are placed in the file and contended that
since invocation of provisions of section 263 of the Act has no reference to the
incriminating material, no additions could have been made and hence it is
bad in law.