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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC ”, MUMBAI
Before: SHRI VIKAS AWASTHYShri Chirag Rajendra Shah,
आयकर अपील�य अ�धकरण मुंबई पीठ “एस एम सी” , मुंबई �ी �वकास अव�थी, �या�यक सद�य के सम� IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC ”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं. 4876/मुं/2019 (�न.व 2010-11) (A.Y 2010-11) Shri Chirag Rajendra Shah, 801, Laxmi Villa, Road No.3, Plot No.281, Jawahar Nagar, Near Suvidha Hospital, Goregaon (W), Mumbai 400 104. PAN: AVQPS 7888H ...... अपीलाथ� /Appellant बनाम Vs. Income Tax Officer -31(1)(3), Kautilya Bhavan, G Block, Bandra Kurla Complex, Mumbai 400 051 ..... ��तवाद�/Respondent अपीलाथ� �वारा/ Appellant by : Shri Vimal Punmiya ��तवाद� �वारा/Respondent by : Ms. Smitha Verma सुनवाई क� �त�थ/ Date of hearing : 05/04/2021 घोषणा क� �त�थ/ Date of pronouncement : 22/06/2021 आदेश/ ORDER
This appeal by the assessee is directed against the order of Commissioner of Income Tax(Appeals)-42, Mumbai [in short 'the CIT(A)’] dated 31/05/2019 for the assessment year 2010-11.
Shri Vimal Punmiya appearing on behalf of the assessee submitted that the assessee is engaged in the business of trading of ferrous and non-ferrous metals. The assessment for assessment year 2010-11 in the case of assessee was reopened on the ground that the assessee has obtained accommodation entries aggregating to Rs.2,32,34,839/- from dealers declared as hawala operators by the Sales Tax Department, Government of Maharashtra. The assessee has furnished various documents before the Assessing Officer to substantiate genuineness of purchases, however, the Assessing Officer made addition of Rs.18,58,787/- by estimating G.P on alleged bogus purchases at 8%. The assessee carried the issue in appeal before the CIT(A). The CIT(A) without appreciating facts and documents on record dismissed the appeal of assessee. The ld.Authorized Representative of the assessee submitted that the assessee has declared G.P of 3.86% during the relevant period. The ld.Authorized Representative of the assessee pointed that in assessee’s own case for assessment year 2009-10 the Tribunal in decided on 07/12/2019 has directed to restrict the addition on bogus purchases at the same rate as that of other genuine purchases. The ld.Authorized Representative of the assessee submitted that in the assessment year under appeal similar directions may be given.
On the other hand, Ms. Smita Verma representing the Department vehemently defended the impugned order and prayed for dismissing the appeal of assessee. The ld.Departmental Representative submitted that during assessment proceedings the assessee failed to discharge his onus in proving genuineness of the dealers and purchases made from them. The notices issued to the dealers under section 133(6) of the Income Tax Act,1961 ( in short 'the Act') were returned back unserved. No documentary evidence was filed by the assessee to prove trail of goods.
Both sides heard, orders of authorities below examined. Undisputedly, assessee failed to discharge his onus in proving genuineness of the dealers and the purchases made from suspicious dealers. The assessee is a trader in ferrous and non-ferrous metals. Generally, the G.P in trading of ferrous and non-ferrous metals ranges between 5% to 8%. The assessee has declared G.P at 3.86%. Taking note of entire facts, in my considered view ends of justice would be met if the addition is restricted to 5% of the bogus purchases. The ground No.1 raised in the appeal is partly allowed in the terms aforesaid.
No submissions were made by the ld.Authorized Representative of the assessee on other grounds raised in ground No. 2 to 6 of the appeal, therefore, the same are dismissed.
In the result, appeal of the assessee is partly allowed.
Order pronounced in the open Court on Tuesday, the 22nd day of June, 2021