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Income Tax Appellate Tribunal, “SMC”, BENCH
Before: SHRI R.C.SHARMA&
Assessee by None Revenue by Shri Kumar Padmapani Bora (Sr.DR) Date of Hearing 04/12/2019 Date of Pronouncement 06/12/2019 आदेश / O R D E R PER: R.C. SHARMA, A.M. This appeal by the assessee is directed against the order dated 10/08/2018 of ld. CIT(A)-30, Mumbai for the A.Y. 2008-09 in the matter of order passed u/s 144 r.w.s. 147 of the Income Tax Act, 1961 (in short, the Act).
In this appeal, the assessee is basically aggrieved for confirming the addition of Rs. 6.00 lacs made by the A.O. on account of accommodation entries.
No body appeared on behalf of the assessee in spite of issuance of notice. I also found that even before the ld. CIT(A), no body
Samarthmal H. Shah Jain Vs ACIT appeared on behalf of the assessee in spite of various opportunities being given by the ld. CIT(A) as mentioned at para 4 of the appellate order. I also found that even before the A.O., no body appeared on behalf of the assessee nor any detail was filed as asked by him. In absence of any response from the assessee, best judgment assessment was framed by the A.O. U/s 144 of the Act on the basis of material available on record.
I have gone through the orders of the authorities below and found that a search and seizure action u/s 132 of the Act was carried out in the case of M/s Mahasagar Securities Pvt. Ltd. by the DDIT(Inv.) Unit-I(4), Mumbai on 25/11/2009. The search was conducted on the basis of information received from the financial intelligence unit, New Delhi regarding suspicious transactions taking place in the various bank accounts of the above referred company and its groups of companies. Shri Mukesh Choksi and Shri Jayesh K.
Sampat are the directors of these companies. During the course of search and seizure action, it was revealed by them that M/s Mahasagar Securities Pvt. Ltd. and its related group of 34 odd companies (the prominent ones being M/s Alliance Intermediaries & Network Pvt. Ltd., M/s Mihir Agencies Pvt. Ltd., M/s Goldstar Finvest Pvt. Ltd. etc. all run by Shri Mukesh Choksi and his associates) are engaged in fraudulent billing activities and are in the business of Samarthmal H. Shah Jain Vs ACIT providing entries for speculation profit/loss, short term/long term capital gain/loss, share application money, commodities profit/loss on commodities trading (through MCX). In the statement recorded during the course of search and seizure proceedings, Shri Mukesh Choksi has admitted of having provided accommodation entries to various persons. In view of the above information, the case of the assessee was reopened by issuing of notice U/s 148 of the Act. Since the assessee was one of the beneficiaries, who has obtained accommodation entries to the tune of Rs. 6.00 lacs from M/s Alliance Intermediaries & Network Pvt. Ltd. in respect of scrip of MMTC.
It was seen that in response to all above stated statutory notices the assessee did not attend nor filed any details. Accordingly assessment was framed U/s 144 of the Act wherein after discussing in detail all the facts and circumstances, the A.O. added Rs. 6.00 lacs in respect of accommodation entry obtained by the assessee. Even before the ld. CIT(A) neither the assessee appeared nor filed any adjournment petition in respect of so many opportunities given by the ld. CIT(A), therefore, upheld the action of the A.O.. Even before the ITAT, nothing was placed so as to persuade me to deviate from the findings and conclusion of the lower authorities. Accordingly, I do not find any reason to interfere in the order of the lower authorities in Samarthmal H. Shah Jain Vs ACIT making and confirming the addition of Rs. 6.00 lacs in respect of accommodation bills.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open court on 06th December, 2019.