M/S SHAKAMBARI ENGG. WORKS,HOWRAH vs. D.C.I.T.,CIRCLE-48, KOLKATA

PDF · subscribers
ITA 2523/KOL/2019Status: DisposedITAT Kolkata12 February 2020AY 2011-122 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals. While the corresponding sales were admitted, the assessee failed to prove the genuineness of the purchases. A lump sum disallowance of ₹50,000/- and ₹1,50,000/- was made for the respective years.

What were the facts?

The assessee appealed against disallowance of purchases for assessment years 2011-12 and 2012-13. The lower authorities disallowed purchases of ₹1,82,104/- and ₹5,70,648/- respectively.

What were the issues?

The primary issue was the disallowance of purchases due to lack of proof of genuineness, despite corresponding sales being admitted.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA

Before: Shri S.S, Godara

आदेश /O R D E R These two assessee’s appeals for assessment year(s) 2011-12 & 2012-13 arise against the Commissioner of Income-tax (Appeals)-14, Kolkata’s separate orders dated 28.05.2019 passed in case Nos.CIT(A),Kolkata-14/10571,10573/2018-19, involving proceedings u/s. 147 r.w.s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file(s) perused.

2.

It transpires at the outset that both these appeal(s) suffer from ninety seven days’ delay in filing stated to be attributable to communication gap with the arguing counsel and in compilation of necessary records. Learned departmental representative is equally fair in not disputing all these averments. I therefore condone the ninety seven days’ delay in both of the cases. The same are taken up for adjudication on merits.

More judgments on Section 147

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

Recent GST High Court judgments

Search GST case law →