ITO-22(1)(5), MUMBAI, MUMBAI vs. SHRI GOKUL GOVIND SANDHA, MUMBAI

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ITA 5883/MUM/2019Status: DisposedITAT Mumbai10 June 2021AY 2011-123 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 upheld the CIT(A)'s decision, finding that the assessee had primary purchase documents and made payments through banking channels. Estimating the profit element at 12.5% was considered sufficient to cover revenue leakage.

What were the facts?

The assessee was alleged to have made bogus purchases of Rs. 25,200/- from M/s Shivraj Traders. The Assessing Officer disallowed these purchases as the supplier did not respond to a notice. The CIT(A) restricted the addition to 12.5%.

What were the issues?

Whether the disallowance of purchases was justified and if the CIT(A) correctly estimated the profit element.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 133(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI VIKAS AWASTHY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Hearing: 10/06/2021Pronounced: 10/06/2021

आयकर अपीलीय अधिकरण “एक-सदस्य मामला ” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI माननीय श्री विकास अिस्थी, न्यावयक सदस्य एवं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI VIKAS AWASTHY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing through Video Conferencing Mode) आयकरअपील सं./ (धििाारण वर्ा / Assessment Year: 2011-12) ITO-22(1)(5) Shri Gokul Govind Sandha Room No.323, 3rd Floor Winter Wear Gala 2b & 3c Fr बिाम/ Piramal Chambers, Lal Baug Demellow Chawl Vs. Parel, Mumbai - 400012 Near Hanuman Temple, Khotwadi Santacruz (W), Mumbai-400 054 स्थायीलेखासं./जीआइआरसं./ PAN/GIR No. AVKPS-0355-D (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Shri Sanjay Sethi-Ld.DR प्रत्यथीकीओरसे/Respondent by : None सुनवाईकीतारीख/Date of Hearing : 10/06/2021 घोषणाकीतारीख /Date of Pronouncement : 10/06/2021 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member): -

1.

Aforesaid appeal by revenue for Assessment year [AY in short] 2011- 12 contest the order of Ld. Commissioner of Income Tax (Appeals)-55, Mumbai [in short CIT(A) ] dated 20/06/2019 which has provided certain relief to the assessee on account of alleged bogus purchases.

2.

Though none appeared for assessee, however, material on record was sufficient for disposal of the appeal. The Ld. DR pleaded for restoration of assessment framed by Ld. AO. 3.1 The material facts are that the assessee being resident individual stated to be engaged in manufacturing of garments was assessed for the year under consideration u/s 143(3) r.w.s. 147 on 30/11/2015. The original return filed by assessee was processed u/s 143(1). However, pursuant to receipt of certain information from DGIT (Inv.) / Sales Tax Department, Mumbai, it transpired that the assessee made alleged bogus purchases of Rs.25,200/- from an entity namely M/s Shivraj Traders. Accordingly, the case was reopened as per due process of law and the assessee was required to file requisite details to substantiate these purchases. 3.2 In support of purchases, the assessee furnished certain documents, however, the notice issued u/s 133(6) to the supplier did not elicit any satisfactory response. Consequently, Ld. AO disallowed these purchases. 4. The Ld. CIT(A), considering assessee’s submissions as well as documentary evidences, restricted the additions to 12.5%. Aggrieved, the revenue is in further appeal before us. 5. Going by the factual matrix as enumerated in the orders of lower authorities, we find that assessee’s Sales Turnover was not in doubt and the assessee was in possession of primary purchase documents. The payment to the supplier was through banking channels. There could be no sale without actual purchase of material keeping in view the assessee’s nature of business. The facts of the case made it a fit case to estimate the profit element embedded in these transactions. The Ld. CIT(A), after due consideration of assessee’s submissions, estimated the additions @12.5% which is more than enough to take care of the leakage of revenue. Therefore, the estimation could not be termed as unjustified, in any manner. Finding no reason to interfere in the impugned order, we dismiss the appeal. The appeal stands dismissed. 6. Order pronounced on 10th June, 2021.

Sd/- Sd/- (Vikas Awasthy) (Manoj Kumar Aggarwal) न्याययक सदस्य / Judicial Member लेखा सदस्य / Accountant Member मुंबई Mumbai; यदनांक Dated : 10/06/2021 Sr.PS, Jaisy Varghese आदेशकीप्रधिधलधपअग्रेधर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT– concerned 5. यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशाि सार/ BY ORDER,

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