INCOME TAX OFFICER WARD-2(2), KALYAN, KALYAN vs. SUNIL KUMAR JAGANNATH TIWARI, THANE
IN THE INCOME TAX APPELLATE TRIBUNAL
“SMC” BENCH MUMBAI
BEFORE HON’BLE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER
ITO, Ward – 2(2)
PAN/GIR No. ACZPT6886E
(Applicant)
(Respondent)
Assessee by None
Revenue by Ms. Madhura M. Nayak Sr. DR
Date of Hearing
05.05.2025
Date of Pronouncement
27.05.2025
आदेश / ORDER
PER SANDEEP GOSAIN, JM:
The present appeal has been filed by the revenue challenging the impugned order 13.12.2024 passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the National
Faceless Appeal Centre, Delhi (NFAC) for the assessment year 2011-12. 2. None appeared on behalf of the assessee when the case was called repeatedly, even no application for seeking adjournment has been filed. Which goes to show that assessee is not interested in pursuing the present appeal.
2
Sunil Jagannath Tiwari, Mumbai
On the other hand, Ld. DR present in the court is ready with the arguments, hence I have decided to proceed with the hearing of appealex-parte.
After having heard Ld. DR and having gone through the facts of the present case, orders passed by the revenue authorities, judgments cited before me. From the records, I noticed that the order of assessment was passed thereby making additions on account of the fact that assessee had made purchases from the hawala parties. However, during the appellate proceedings Ld. CIT(A) restricted the additions by adopting the GP rate @ 20% of the entire purchases.
However, Ld. DR relied upon the decision in the case of NK Protein Ltd Vs. DCIT, [2017] 292 CTR 354 (SC), wherein it was held that “one the purchases are bogus, then the additions should made on the entire purchases and not only the profit embedded in such purchases” I further noticed that although SLP was filed before the Hon’ble Apex Court, however Hon’ble Apex Court had dismissed the said SLP and upheld the decision of NK Protein Ltd Vs. Mumbai, Dated 27/05/2025
KRK, PS
आदेश की ितिलिप अेिषत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. थ / The Respondent.
3. संबंिधत आयकर आयु / The CIT(A)
4. आयकर आयु(अपील) / Concerned CIT
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, मुबई / DR, ITAT, Mumbai
6. गाड फाईल / Guard file.
आदेशानुसार/ BY ORDER,
सािपत ित ////
उप/सहायक पंजीकार ( Asst.