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Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee is a recalled matter since the appeal was earlier disposed-off by co-ordinate bench vide order dated 10/02/2017. However, the order was recalled, upon department’s miscellaneous application, in view of the fact that revenue’s appeal, on the same very issue was already adjudicated by the Tribunal vide order dated 21/11/2014 wherein Ld. AO was directed to restrict the purchase disallowance to the extent of 12% of turnover achieved by the assessee. The Shri Sunil R.Shirodkar Assessment Year: 2009-10 Tribunal, while adjudicating assessee’s appeal, directed Ld. AO to restrict the disallowance to 8% of turnover and re-compute income accordingly. Therefore, the directions given in two orders were contradictory and at variance with each other. Concurring with the same, the order passed in ITA No.621/Mum2013 dated 10/02/2017 was recalled and the registry was directed to post the appeal for hearing in due course. Accordingly, the appeal has come up for fresh hearing before us.
During the course of hearing, none appeared for assessee. However, upon perusal of MA order, as elaborated in para-1, it is quite evident that a view has already been taken by the bench in revenue’s appeal. Therefore, the matter was proceeded with for adjudication.
The material facts are that while framing an assessment u/s 143(3) on 26/12/2011, the Ld. Assessing Officer disallowed 20% of purchases and 10% of labor charges claimed by the assessee. Accordingly, the assessee was saddled with aggregate additions of Rs.37.64 Lacs. Upon further appeal, Ld. CIT(A), without confirming individual disallowance, estimated Gross Profit Rate of 10 % of turnover which restricted the additions to the extent of Rs.11.38 Lacs. Aggrieved, the revenue as well as assessee preferred further appeal before us.
While adjudicating revenue’s appeal, vide ITA No.161/Mum/2013 order dated 21/11/2014, the Tribunal enhanced the estimation to 12% and already took a view in the matter. Therefore, no further relief could be granted to the assessee, at this stage.
Shri Sunil R.Shirodkar Assessment Year: 2009-10 5. The appeal stands dismissed.
Order pronounced on 03rd February, 2021.
Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) उपा�� / Vice President लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 03/02/2021 Sr.PS, Kasarla Thirumalesh आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6. आदेशानुसार/ BY ORDER,