ITO 24 (2)(3), MUMBAI vs. SHRI. KAILASH SRICHAND MAKHIJA, MUMBAI

PDF · subscribers
ITA 5853/MUM/2019Status: DisposedITAT Mumbai09 June 2021AY 2011-123 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 confirmed the estimation of 8% addition on bogus purchases, following a coordinate bench's decision on similar facts for an earlier assessment year. The revenue's appeal was dismissed.

What were the facts?

The assessee, engaged in leather product trading, was assessed for alleged bogus purchases of Rs. 11 Lacs. The Assessing Officer estimated an addition of 12.5% on these purchases. The CIT(A) restricted the addition to 8%.

What were the issues?

The primary issue was the quantum of addition to be made on account of alleged bogus purchases when suppliers did not respond to notices. The Tribunal considered the precedent set by a coordinate bench.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI VIKAS AWASTHY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Hearing: 09/06/2021Pronounced: 09/06/2021

आयकर अपीलीय अिधकरण “एक-सद� मामला ” �ायपीठ मुंबई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI माननीय �ी िवकास अव�थी, �याियक सद�य एवं माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� के सम�। BEFORE HON’BLE SHRI VIKAS AWASTHY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing through Video Conferencing Mode) आयकरअपील सं./ (िनधा�रण वष� / Assessment Year: 2011-12) ITO-24(2)(3) Shri Kailash Srichand Makhija बनाम/ Room No.609, Piramal Chambers 405/A, Basera, Lokhandwala Complex Jeejeebhoy Lane, Lalbaug Andheri (W), Mumbai -400 059 Vs. Parel, Mumbai -400 012 �थायीलेखासं./जीआइआरसं./PAN/GIR No. AACPM-4315-L (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri Sanjay Sethi-Ld.DR ��थ�कीओरसे/Respondent by : M.K.Patel-Ld. AR सुनवाईकीतारीख/Date of Hearing : 09/06/2021 घोषणाकीतारीख /Date of Pronouncement : 09/06/2021 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member): -

1.

The revenue challenges the order of Ld. Commissioner of Income-Tax (Appeals)-36, Mumbai, [CIT(A)] dated 28/06/2019 which has provided certain relief to the assessee on account of alleged bogus purchases.

2.

The Ld. AR drew attention to the fact that Ld. CIT(A) followed order for AY 2009-10 which has been confirmed by Tribunal in order dated 15/10/2019 wherein revenue’s appeal has been dismissed. The copy of the order has been placed on record. 3.1 The material facts are that the assessee being resident individual stated to be engaged in trading of leather products under proprietorship concern namely M/s Leather Craft was assessed for the year under consideration u/s 143(3) r.w.s. 147 of the Act on 18/12/2018. The original return filed by the assessee was processed u/s 143(1) of the Act. However, pursuant to receipt of certain information from DGIT (Inv.) / Sales Tax Department, Mumbai, it transpired that the assessee procured accommodation purchase bills of Rs.11 Lacs from three entities as detailed in the assessment order. Accordingly, the case was reopened as per due process of law and the assessee was required to file requisite details to substantiate the purchases. 3.2 Though the assesse filed documents / details in support of the purchases, however, notices issued u/s 133(6) to the suppliers did not elicit any satisfactory response. Consequently, Ld. AO estimated addition of 12.5% against these purchases. 3.3 Upon further appeal, Ld. CIT(A), inter-alia, relying upon estimation made in earlier appellate order, restricted the additions to 8%. Aggrieved the revenue is in further appeal before us. 4. We find that appeal of revenue for AY 2009-10, filed on similar facts, has been dismissed by the coordinate bench of the Tribunal in ITA No.5470/Mum/2018 dated 15/10/2019 wherein the bench has confirmed the estimation of 8%. Facts as well as issue being pari-materia the same, taking the same view, we confirm the estimation of 8% and dismiss the appeal. 5. The appeal stands dismissed. Order pronounced on 09th June, 2021.

Sd/- Sd/- (Vikas Awasthy) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 09/06/2021 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,

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →