SHRI. GIRDHARILA C. PRAJAPATI,MUMBAI vs. CIT(APPEAL)-30, MUMBAI

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ITA 178/MUM/2019Status: DisposedITAT Mumbai16 March 2021AY 2010-113 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 lower authorities correctly estimated additions against suspicious purchases. No new material was presented to warrant interference with the estimation of gross profit ratio.

What were the facts?

The assessee, engaged in trading of metals, was found to have procured accommodation purchase bills worth Rs. 67.32 Lacs. Despite being directed to substantiate these transactions, the assessee failed to produce the suppliers or vital documents like delivery challans.

What were the issues?

Whether the estimation of gross profit ratio by the lower authorities on suspicious purchases was justified. Whether the assessee sufficiently substantiated its purchase transactions.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148,Section 142(1)

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.

Aforesaid appeal by assessee for Assessment Year [in short referred to as ‘AY’] 2010-11 contest the order of Ld. Commissioner of Income-Tax (Appeals)-30, Mumbai, [in short referred to as ‘CIT(A)’], Appeal No. CIT-30/19(1)(3)/739/16-17 dated 10/08/2018 on the ground that gross profit ratio has wrongly been estimated by Ld. CIT(A).

2 178/Mum/2019 Shri Girdharilal Prajapati AY :2010-11 2. Though none appeared for assessee, however, material on record was sufficient for disposal of the appeal. The Ld. DR supported the impugned order.

3.

The registry has noted a delay of approx. 88 days in filing of appeal, the condonation of which has been sought by assessee vide condonation petition dated 10/01/2019 which is supported by affidavit of the assessee. It has been submitted that the assessee could not attend office due to ill-health of the father. Though Ld. DR opposed condonation of delay, however, after going through condonation petition, we are inclined to condone the delay and proceed for disposal of appeal on merits. 4.1 The material facts are that the assessee is stated to be engaged in trading of ferrous and non-ferrous metals. An assessment was framed for the year u/s. 143(3) r.w.s. 147 on 28/03/2016. The assessment was so framed pursuant to receipt of certain information from Sales Tax Department that the assessee procured accommodation purchase bills of Rs.67.32 Lacs from 9 parties as detailed in para-2 of the assessment order. Accordingly notice u/s 148 was issued on 05/11/2014 which was followed by statutory notices u/s 143(2) & 142(1) wherein the assessee was directed to substantiate these purchase transactions. 4.2 Though the assessee filed documentary evidences but it failed to produce any of the entities. The Ld.AO also noted that the assessee could not file vital documents such as delivery challans, transport receipts, goods inwards register etc. The payments through banking channels would not be sacrosanct. Finally, the additions were estimated at 12.5% of these purchases and added to the income of the assessee.

3 178/Mum/2019 Shri Girdharilal Prajapati AY :2010-11 The stand of Ld. AO, upon confirmation by Ld.CIT(A), is under challenge before us.

5.

After careful consideration of factual matrix, we find that lower authorities have clinched the issue in the correct perspective and our interference, in not called for, in any manner. No new material has been placed before us. It was a fit case to estimate certain additions against suspicious purchases. Consequently, we dismiss this appeal.

6.

The appeal stands dismissed.

Order pronounced in the open court on 16th 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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