PAVAPURI METALS AND TUBES,MUMBAI vs. ITO 19 (2)(5), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found the reassessment proceedings valid as the AO had tangible information suggesting escapement of income. The lower authorities' estimation of additions on account of suspicious purchases was deemed judicious.
What were the facts?
The assessee, engaged in metal trading, was reassessed after information from Sales Tax Authorities indicated bogus purchase bills of Rs. 56.21 Lacs from 6 parties. The assessee could not substantiate these purchases with transportation details.
What were the issues?
The primary issues were the validity of reassessment proceedings and the justification for estimating additions on account of unsubstantiated purchases.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अधिकरण “एक-सदस्य मामला” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI माननीय श्री शक्तिजीत दे, न्याययक सदस्य एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI SAKTIJIT DEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकरअपील सं./ (धििाारण वर्ा / Assessment Year: 2010-11) Pavapuri Metals and Tubes ITO-19(2)(5) बिाम/ 15, Vimal Darshan Building Matru Mandir Ground Floor, 9th Khetwadi Lane Tardeo Road Vs. Mumbai – 400 004. Mumbai – 400 007. स्थायीलेखासं./जीआइआरसं./PAN/GIR No. AAGFP-4994-G (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : None Revenue by : Ms. Smita Verma – Ld. Sr. DR सुनवाई की तारीख/ : 17/03/2021 Date of Hearing घोषणा की तारीख / 05/04/2021 : Date of Pronouncement आदेश / O R D E R Per Manoj Kumar Aggarwal (Accountant Member)
At the time of hearing of appeal, though none appeared for assessee, but the material on record was sufficient for disposal of appeal. The Ld. Sr. DR pleaded for dismissal of appeal justifying the estimations made by lower authorities on account of alleged bogus purchases.
The material facts are that the assessee being resident firm stated to be engaged in trading of metals was assessed for the year under consideration u/s 143(3) r.w.s. 147 on 15/01/2016 in view of the fact that pursuant to receipt of certain information from Sales Tax Authorities, it transpired that the assessee obtained bogus purchase bills for Rs.56.21 Lacs from 6 parties as detailed in the assessment order. Accordingly, the case was reopened as per due process of law vide issuance of notice u/s 148 on 18/02/2015. 3. Though the assessee adduced certain documents, however, it could not produce lorry receipts, transportation details etc. Resultantly, Ld. AO estimated an addition of 12.5% against these purchases. The said estimation, upon confirmation by Ld. CIT(A), is under challenge before us. 4. After going through the orders of lower authorities, we find that the impugned order is reasoned one and a judicious order. The circumstances as noted by lower authorities made it a fit case for estimating additions on account of suspicious purchases since the sales were not doubted and the assessee was in possession of primary purchase documents. However, it could not substantiate the purchases conclusively. 5. The assessee has also challenged the validity of reassessment proceedings. We do not find any infirmity in reopening the case since Ld. AO was in possession of tangible information which suggested possible escapement of income in the hands of the assessee. Nothing more was required at this stage. 6. Resultantly, the appeal stands dismissed. Order pronounced in the open court on 5th April, 2021.
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