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Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI S.S.GODARA, JM & SHRI DR. DIPAK P. RIPOTE, AM
आदेश / ORDER
PER S. S. GODARA, JM :
This assessee’s appeal for A.Y. 2011-12 is directed against the CIT(A) - 2, Thane’s order dated 17/03/2017 passed in case No. 248/14-15/403/15- 16 involving proceeding u/s. 143(3) of the Income Tax Act, 1961 ; in short "the Act. Heard both the parties. Case file perused.
M/s. Gorur Infra Projects Pvt. Ltd.
The assessee has pleaded the following substantive grounds in the instant appeal ground No.1 to 3.
“1) The learned CIT(A) 2 erred in confirming addition of Rs.374228/- made by I.T.O on the ground that the purchases „made from M/s Mahalaxmi Enterprises were bogus purchases which was based on information received from Sales Tax Dept of Maharashtra Govt.
2) He failed to consider all relevant and corroborative evidence submitted before the A.O. ward (3) Panvel, to prove genuinety of purchases.
3) It is respectfully submitted that the observations of CIT(A)2 Panvel in paragraph 6.2 of his order that the grounds of appeal regarding alleged bogus purchases was not pressed and relevant details were not produced in contrary to facts.”
3. The assessee is fair enough at the outset that it is not pressing the forgoing substantive issue of bogus purchases in light of CBDT Circular No. 37 dated 02.11.2016 dealing with chapter VI-A deduction on enhanced profits by virtue of disallowance(s) made u/s. 32, 40(a)(ia), 40A(3), 43B etc. of the Act. Mr. Walimbe at this stage invited our attention to the CIT(A)’s discussion in para 6 to 6.2 that the assessee had expressed its inablilty to produce the relevant details of the purchases and therefore, it is estopped from raising the instant issue. We find no merit in the Revenue’s arguments as the assessee has already been held entitled for section 80IA(4) deduction in para 5.2 of the CIT(A)’s order. We, thus direct the Assessing Officer to treat the assessee’s bogus purchases disallowances as well eligible for section 80IA
M/s. Gorur Infra Projects Pvt. Ltd. deduction as per CBDT circular No.37 dated 02.11.2016. Ordered accordingly.
This assessee’s appeal is allowed in above terms. Order pronounced in the Open Court on this 12th day of May, 2022.