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Income Tax Appellate Tribunal, “SMC”, BENCH
Before: SHRI R.C.SHARMAShri
आदेश / O R D E R
PER: R.C. SHARMA, A.M. This is the appeal filed by the revenue against the order of the ld.
CIT(A)-38, Mumbai dated 13/08/2018 for the A.Y. 2011-12 in the matter
of order passed U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in
short, the Act).
Rival contentions have been heard and record perused. Facts in
brief are that the assessee is engaged in manufacturing of washers etc..
the A.O. got information from Sales Tax Department regarding the
assessee taking bogus purchase bills. After reopening the assessment,
2 ITA No. 527/Mum/2019 ITO Vs Shri Mubarak Hussain Shaikh the A.O. estimated profit @ 25% on the alleged bogus purchases and
added the same in assessee’s income. By the impugned order, the ld.
CIT(A) has restricted the addition to the extent of 12.5%.
The ld AR of the assessee placed on record the order of the
Tribunal in assessee’s own case for the immediate preceding year 2010-
11 dated 23/05/2018 wherein the Tribunal have restricted the addition
to the extent of 10%. It was the request of the ld AR that the facts and
circumstances during the year under consideration are same as was
decided by the Tribunal in A.Y. 2010-11. However, in this case, the
assessee has not filed any appeal against the order of the ld. CIT(A)
restricting addition to the extent of 12.5%, accordingly, I cannot give
any further relief by reducing the G.P. below 12.5%. Accordingly, I
uphold the order passed by the ld. CIT(A).
In the result, appeal of the revenue is dismissed.
Order pronounced in the open court on 04th February, 2020.
Sd/- (R.C.SHARMA) ACCOUNTANT MEMBER
Mumbai; Dated 04/02/2020 *Ranjan
Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai.
3 ITA No. 527/Mum/2019 ITO Vs Shri Mubarak Hussain Shaikh 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. स�या�पत ��त //True Copy//
BY ORDER,
(Asstt. Registrar) ITAT, Mumbai