RAMESH H. BHANSALI,MUMBAI vs. ITO 19(3)(1),

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ITA 2353/MUM/2017Status: DisposedITAT Mumbai16 March 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 estimated additions were justified and the reduction to 6.5% by the CIT(A) was fair and reasonable. Therefore, the Tribunal upheld the CIT(A)'s order.

What were the facts?

The assessee was assessed for alleged bogus purchases of Rs. 204.37 Lacs from 23 entities. The Assessing Officer (AO) estimated additions at 12.5% based on a High Court ruling.

What were the issues?

The primary issue was the estimation of additions on account of alleged bogus purchases and whether the rate of addition was justified.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148,Section 133(6)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Vimal Sethiya, Ld. AR
For Respondent: Ms. Smita Verma – Ld. Sr. DR

Per Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid matter is a recalled matter vide MA No.275/Mum/2020 order dated 01/02/2021. This appeal by assessee for Assessment Year 2009-10 contest the order of ld. Commissioner of Income Tax (Appeals)- 30, Mumbai [in short CIT(A) ] order dated 24/02/2017, which has restricted addition on account of alleged bogus purchases to the extent of 6.5%. 2.1 We have carefully heard the arguments urged before us. The material facts are that the assessee being resident individual stated to be engaged in trading of ferrous & non-ferrous metals was assessed for the year u/s. 143(3) r.w.s. 147 on 13/03/2015. The assessment was so framed pursuant to receipt of certain information from Sales Tax Department that the assessee procured accommodation purchase bills aggregating to Rs.204.37 Lacs from 23 entities as detailed in the assessment order. Accordingly, notice u/s 148 was issued on 28/02/2014 which was followed by statutory notices u/s. 143(2) and 142(1) calling requisite information from assessee with respect to purchases. 2.2 Though the assessee filed certain documentary evidences, however, notices issued u/s. 133(6) did not elicit satisfactory response. After considering factual matrix, Ld. AO applying the ratio of Hon'ble Gujarat High Court in CIT vs. Simit P. Sheth [356 ITR 451], estimated additions against these purchases @12.5%. 3. The Ld. CIT(A), keeping in view the lower rate of VAT on metals, directed Ld. AO to restrict the addition to the extent of 6.5%. Still aggrieved, the assessee is in further appeal before us. 4. After going through factual matrix, we find that it was a fit case to make estimated additions in the hands of the assessee. The estimation of 12.5% has already been substantially reduced to 6.5% by Ld. CIT(A) which was quite fair and reasonable. Finding no reason to interfere in the impugned order, we dismiss the appeal. 5. The appeal stands dismissed. Order pronounced in the open court on16th March, 2021.

Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 16/03/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��थ�/ The Respondent 3. आयकरआयु�(अपील) / The CIT(A) 4. आयकरआयु�/ CIT– concerned 5. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 6. गाड�फाईल / Guard File आदेशानुसार/ BY ORDER,

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