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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
1 ITA 7119-20/M/2019 M/s Vivid Visions Trexim Pvt. Ltd. Assessment Years: 2010-11 & 2012-13 आयकर अपीलीय अधिकरण “एफ” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI माननीय श्री महावीर स िंह, उपाध्यक्ष एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा दस्य के मक्ष। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकरअपील िं./ (धििाारण वर्ा / Assessment Year: 2010-11) & आयकरअपील िं./ (धििाारण वर्ा / Assessment Year: 2012-13) DCIT-11(3)(2) M/s Vivid Trexim Pvt. Ltd. बिाम/ Room No.427 440-443, F-Wing, Solaris-1 Aaykar Bhavan, M.K. Road Off. Saki Vihar Road, Andheri (E) Vs. Mumbai-400 020 Mumbai – 400 072 स्थायीलेखा िं./ जीआइआर िं./ PAN/GIR No.AABCV-8727-B (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : None Revenue by : Ms. Usha Gaikwad – Ld. Sr. DR ुनवाई की तारीख/ : 12/05/2021 Date of Hearing घोषणा की तारीख / : 12/05/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
During hearing of the appeals, none appeared for assessee. However, the material on record was sufficient for disposal of appeal and therefore, the matter was proceeded with after hearing Ld. DR who pleaded for restoration of assessment framed by Ld. AO.
2 ITA 7119-20/M/2019 M/s Vivid Visions Trexim Pvt. Ltd. Assessment Years: 2010-11 & 2012-13 2. The facts as well as issues are stated to be similar in both the years. Hence, the appeals were heard together and are now being disposed-off by way of this common order for the sake of convenience & brevity.
In AY 2010-11, the revues is aggrieved by deletion of certain addition of Rs.26.28 Lacs on account of alleged bogus purchases by Ld. Commissioner of Income Tax (Appeals)-18. Mumbai {CIT(A)} vide impugned order dated 27/08/2019.
The material facts are that the assessee being resident corporate assessee was assessed u/s 143(3) on 24/03/2013. Pursuant to receipt of certain information from Sales Tax Department, it was alleged that the assessee made bogus purchases of Rs.26.28 Lacs from an entity namely M/s Induja Traders Private Ltd, Mumbai. The assessee submitted that it has only purchased DFIA license from that entity and sold the same to another importer i.e. M/s E.I.Dupont India Pvt. Ltd. However, not convinced, Ld. AO doubted the purchases and disallowed the same while framing the assessment.
Upon further appeal, Ld. CIT(A) deleted the addition as per appellate order for AY 2011-12. Moreover, purchases made by the assessee from the same party in AY 2009-10 was deleted by learned first appellate authority which was confirmed by Tribunal vide order dated 15/04/2019. Aggrieved, the revenue is in further appeal before us.
Upon careful perusal of factual matrix, it could be seen that the assessee has purchased an import license from M/s Induja Traders Pvt. Ltd. which has ultimately been sold to another entity. Therefore, there is one-to-one correlation between the sale and purchase. Disallowing the 3 ITA 7119-20/M/2019 M/s Vivid Visions Trexim Pvt. Ltd. Assessment Years: 2010-11 & 2012-13 purchases while accepting the sale, in such a case, would not be justified. Further, the appellate order for AY 2009-10 has been confirmed by the Tribunal deleting the addition against purchases made from the same party. Therefore, we find no reason to interfere in the impugned order. The appeal stands dismissed.
Facts are similar in AY 2012-13, wherein the assessee was saddled with similar addition of Rs.2.42 Lacs while framing the assessment u/s 143(3) on 09/03/2015. The Ld. CIT(A) deleted the same by relying upon Tribunal order for AY 2009-10. Aggrieved, the revenue is in further appeal before us. Facts as well as issue being pari-materia the same, taking the same view, we dismiss the appeal.
Both the appeals stands dismissed.