ACIT 19 (3), MUMBAI vs. SHRI. RAJENDRA H SALOT, MUMBAI

PDF · subscribers
ITA 7075/MUM/2019Status: DisposedITAT Mumbai06 July 2021AY 2009-103 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found the CIT(A)'s order to be judicious and reasonable. They agreed that the estimated disallowance of 60% was fair, considering the assessee's sales and likely consumption of the purchased goods.

What were the facts?

The Revenue appealed against a partial relief granted by the CIT(A) to the assessee regarding bogus purchases. The AO disallowed purchases of Rs. 9.90 Lacs from an unverified supplier, but the CIT(A) restricted the disallowance to 60% based on consumption patterns.

What were the issues?

Whether the disallowance of purchases from an unverified supplier was justified, and if so, to what extent.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI AMARJIT SINGH, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Respondent: Shri Sanjay J. Sethi-Ld. DR

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by Revenue for AY 2009-10 contest the order of Ld. Commissioner of Income Tax (Appeals)-51 Mumbai [CIT(A)] dated 09/08/2019 which has granted partial relief to the assessee on account of alleged bogus purchases.

2.

At the time of hearing, none appeared for assessee. However, the material on record was sufficient for disposal of the appeal. The Ld. DR pleaded for restoration of assessment as Shri Rajendra H. Salot Assessment Year: 2009-10 framed by Ld. AO u/s 143(3) r.w.s. 147 on 23/03/2015. The assessee being resident individual is stated to be engaged in trading of plastic products under proprietorship concern namely M/s R.P.Computech. 3. The material facts are that during the course of assessment proceedings, pursuant to receipt of certain information from Sales Tax Department, Maharashtra, it transpired that the assessee made suspicious purchases of Rs.9.90 Lacs from an entity namely M/s Deepali Enterprises. The assessee purchased plastic packaging boxes from the said supplier. The notice issued u/s 133(6) to the said supplier did not elicit any satisfactory response and the supplier could not be found at the given address. After considering assessee’s submissions, Ld. AO formed an opinion that the purchases were made to inflate the expenses and to reduce the taxable profits. Accordingly, the purchases were disallowed in entirety and added back to the income of the assessee. 4. The Ld. CIT(A) observed that the assessee was maintaining stock register for plastic beads but did not maintain stock record for packaging boxes. Going by the sales made by the assessee, the assessee could have only consumed 5000 boxes instead of 5500 boxes stated to be purchased from the said supplier. The remaining 500 boxes were not shown in closing stock. Accordingly was restricted to the extent of 40%. Aggrieved, the revenue is in further appeal before us. 5. After going through the impugned order, we find that Ld. CIT(A) has passed a very judicious and reasonable order after Shri Rajendra H. Salot Assessment Year: 2009-10 considering the factual matrix. The Ld. CIT(A) was quite right in observing that keeping in view the sale made by the assessee, the assessee could have consumed only 5000 boxes of packaging material. Therefore, the estimation of 40% was quite fair and judicious. Finding no reason to interfere in the impugned order, we dismiss the appeal. 6. The appeal stands dismissed.

Order pronounced on 06th July, 2021.

Sd/- Sd/- (Amarjit Singh) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 06/07/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →