ITO-21(2)(2), MUMBAI vs. SHRI. LAXMMICHAND SHAH (HUF), MUMBAI

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ITA 4435/MUM/2019Status: DisposedITAT Mumbai04 January 2021AY 2009-103 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no infirmity in the CIT(A)'s order. It held that restricting the addition to the gross profit rate was a fair estimate of profit earned from bogus purchases, as the sale turnover was not disputed.

What were the facts?

The revenue appealed against an order that restricted an addition on account of alleged bogus purchases. The Assessing Officer had estimated 25% addition, which the CIT(A) reduced to 15.5% based on the assessee's gross profit rate.

What were the issues?

Whether the addition on account of bogus purchases should be restricted to the gross profit rate reflected by the assessee.

Which sections of the Income-tax Act were involved?

Section 133(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI AMARJIT SINGH, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Respondent: Shri Sanjay Sethi-Ld. DR

Manoj Kumar Aggarwal (Accountant Member)

1.

Aggrieved by the order of Ld. Commissioner of Income-Tax (Appeals)-33, Mumbai [in short ‘CIT(A)], Appeal No.CIT(A)- 33/Rg.21/349/2014-15 order dated 24/04/2019, the revenue is in further appeal before us. The Impugned order has restricted the addition on account of alleged bogus purchases to the extent of 15.5% of aggregate purchase of ₹4,33,992/- as against estimation of 25% as made by learned Assessing Officer.

2 Shri Laxmichand Shah (HUF) Assessment Year: 2009-10

2.

Though, none appeared for the assessee, however, material on record was sufficient for disposal of the appeal. Therefore, the matter was proceeded-with on the basis of the material available on record. The Ld. DR sought restoration of estimation as made by Ld.AO.

3.

During assessment proceedings, pursuant to receipt of certain information from Sale Tax Department, Maharashtra, it was alleged that the assessee procured bogus purchase bills of ₹4,33,992/- from an entity namely M/s Shree Amaaya Enterprises. No reply was received in response to notice u/s 133(6) of the Act. Accordingly, the learned Assessing Officer estimated the addition of 25% as against these purchase. Upon further appeal, the learned CIT(A) restricted the same to 15.5% being gross profit rate reflected by the assessee. Aggrieved, the revenue is in further appeal before us.

4.

Upon careful consideration, we do not find any infirmity in the order of the learned CIT(A) in restricting the addition on account of alleged bogus purchase to the extent of gross profit rate reflected by the assessee during the year. The said estimation was a fair estimate of profit that may have been earned by the assessee by procuring bogus purchases bills since the sale turnover has not been disputed.

3 Shri Laxmichand Shah (HUF) Assessment Year: 2009-10

5.

Resultantly, the appeal stands dismissed.

Order pronounced on 04th January, 2021. (Amarjit Singh) (Manoj Kumar Aggarwal) "ाियक सद" / Judicial Member लेखा सद" / Accountant Member मुंबई Mumbai; िदनांक Dated : 04/01/2021 Sr.PS, Sudip Sarkar/Sr.PS, Jaisy Varghese

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,

उप/सहायक पंजीकार (Dy./Asstt.

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