M/S. PREMIER ENGINEERS,MUMBAI vs. ITO, 19(2)(5), MUMBAI

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ITA 5537/MUM/2019Status: DisposedITAT Mumbai05 April 2021AY 2009-103 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found that the assessee had failed to prove the purchase transactions and that both lower authorities had passed reasoned orders. Consequently, the Tribunal dismissed the appeal.

What were the facts?

The assessee, engaged in metal trading, was assessed under Section 144 r.w.s. 147 for obtaining bogus purchase bills worth Rs. 6.18 Lacs. The case was reopened after information from Sales Tax Authorities, but the assessee failed to file a return or substantiate the purchases before lower authorities.

What were the issues?

Whether the disallowance of purchases for failure to substantiate them was justified, and whether the assessee's non-compliance with notices and failure to file returns warranted the assessment.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 148,Section 133(6)

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

For Respondent: Ms. Smita Verma – Ld. Sr. DR

Per Manoj Kumar Aggarwal (Accountant Member)

1.

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 by submitting that the assessee failed to appear before any of lower authorities.

2.

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 144 r.w.s. 147 on 13/03/2015 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.6.18 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 30/03/2014. The assessee did not file any return in response to the same. The notices issued u/s 133(6) to these suppliers did not elicit any satisfactory response which led Ld. AO to disallow these purchases. 3. Though the assessee filed written submissions before Ld. CIT(A), however, it again failed to substantiate the purchase transactions. Consequently, the action of Ld. AO was upheld. Aggrieved, the assessee is under further appeal before us. 4. Upon perusal of orders of lower authorities, we find that the assessee has miserably failed to prove the purchase transactions. Both the authorities have passed a reasoned and judicious order. Even no return of income has been filed by the assessee in response to notice u/s 148. Therefore, finding no reason to interfere in the impugned order, we dismiss the appeal. 5. The appeal stands dismissed. Order pronounced on 05th April, 2021.

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