M/S ELCOME MARINE SERVICES PVT LTD. NOW KNOWN INTERGRATED SYSTEMS PVT LTD,MUMBAI vs. ACIT 6(2)(2), MUMBI

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ITA 7799/MUM/2019Status: DisposedITAT Mumbai09 July 2021AY 2010-114 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to restrict the disallowance to 12.5% of the alleged non-genuine purchases, following its own precedent in the assessee's own case for the previous assessment year.

What were the facts?

The assessee company's purchases worth Rs. 20,98,613/- were deemed non-genuine by the Assessing Officer (AO) as the sellers allegedly provided accommodation bills. The AO disallowed the entire purchases, but the CIT(A) restricted the disallowance to 12.5% of the purchases.

What were the issues?

The primary issue was the genuineness of purchases and the extent of disallowance for non-genuine purchases.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI RAJESH KUMAR

For Appellant: Shri Ashok Puri (AR)
For Respondent: Shri Vijay Kumar Menon (DR)
Hearing: 23/06/2021Pronounced: 09/07/2021

Heard together (2 matters)

ITA Nos. 7799/ MUM/2019
ITA No. 198/MUM/2020

Read from the judgment's own cause title. This page is filed under one of them.

Assessment Year: 2010-11 O R D E R PER SAKTIJIT DEY, JM Captioned cross appeals arise out of order dated 24.09.2019 of learned Commissioner of Income Tax (Appeals)-12, Mumbai, for the assessment year 2010-11.

2.

Briefly the facts are, the assessee is a resident company and is stated to be engaged in the business of sales and servicing of electronic navigational and communication equipment. For the assessment year under dispute, the assessee filed its return of income on 13.10.2010 declaring total income of Rs. 10,59,22,253/-. Subsequently, based on information received from Sales Tax Department through DGIT (Inv.), Mumbai that the purchases shown by the assessee worth Rs. 20,98,613/- are non-genuine as the concerned selling dealers have been identified to be providing accommodation bills without effecting real transaction, the Assessing Officer reopened the assessment under section 147 of the Income Tax Act, 1961. In course of assessment proceedings, the AO called upon the assessee to prove the genuineness of the purchases. Though, the assessee furnished some documentary evidences, however, the AO was not satisfied. Accordingly, he disallowed the purchases of Rs. 20,98,613/- and added back to the income of the assessee. Assessee contested the aforesaid addition before learned Commissioner (Appeals). Partly accepting the submissions of the assessee, learned Commissioner (Appeals) restricted the disallowance to 12.5% of the alleged non-genuine purchases. Being aggrieved with the aforesaid decision of learned Commissioner (Appeals), both the assessee and revenue are before us.

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