MEDITRIN INSTRUMENTS,MUMBAI vs. ITO 30(2)(3), MUMBAI

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ITA 6944/MUM/2016Status: DisposedITAT Mumbai31 July 2018AY 2009-103 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal followed a previous decision in the assessee's own case for a similar assessment year. It directed the Assessing Officer to sustain the addition to the extent of 12.5% of the value of bogus purchases.

What were the facts?

The assessee purchased materials from dealers identified by the Sales Tax Department as providing accommodation bills. The Assessing Officer disallowed the entire purchase amount, while the CIT(A) restricted the addition to 30%.

What were the issues?

Whether purchases from dealers identified as providing accommodation bills are entirely bogus and should be disallowed. The quantum of disallowance for such purchases.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K” Bench, Mumbai

For Appellant: Shri Samir Shah
For Respondent: Shri Jayant Kumar
Hearing: 31.7.2018Pronounced: 31.7.2018

Heard together (2 matters)

I.T.A. No. 6944/Mum/2016
I.T.A. No. 6946/Mum/2016

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R Per Bench :-

Both the appeals filed by the assessee are directed against the order passed by the learned CIT(A) 41, Mumbai and they relate to A.Ys. 2009-10& 2011-12.

2.

The assessee is engaged in the business of manufacture of electro medical equipments. The Revenue received information from the Sales Tax Department of Government of Maharashtra that certain dealers are engaged in the activity of providing only accommodation bills without actually supplying the materials. The Revenue also collected details of such dealers and details of accommodation bills provided by them to various parties. It was noticed from those documents that the assessee has purchased materials for an amount aggregating to ` 89.82 lakhs and ` 63.68 lakhs respectively during the years relevant to Assessment Years 2011-12 and 2009-10 from such persons mentioned in the list supplied by the Sales Tax Department. Accordingly, the 2 M/s. Meditrin Instruments Assessing Officer reopened the assessment of two years under consideration and disallowed entire amount of purchases mentioned above treating them as bogus purchases. The learned CIT(A), however, restricted the addition to 30% of the value of bogus purchases. Still aggrieved, assessee has filed these appeals before us.

3.

At the time of hearing, Shri Samir Shah, partner of the assessee firm appeared and submitted that an identical addition was made in AY 2010-11 and the learned CIT(A) had confirmed to the extent of 30% of value of purchases. He submitted that the Coordinate Bench of the Tribunal, vide its order dated 15.9.2017 passed in has restricted the addition to 12.5% of the value of bogus purchases. Accordingly, he prayed that the addition may be sustained to the extent of 12.5% of the value of bogus purchases, as decided by the Tribunal in A.Y. 2010-11.

4.

Learned DR did not object to the plea put forth by the assessee.

5.

Having regard to the rival submissions, we are of the view the decision rendered by the Coordinate Bench of the Tribunal in A.Y. 2010-11 in the assessee’s own case may be followed as the facts surrounding the issue are identical in nature. Accordingly, we set aside the order passed by the learned CIT(A) and direct the Assessing Officer to sustain the addition to the extent of 12.5% of the value of bogus purchases in both the years under consideration.

6.

In the result, both the appeals of the assessee are partly allowed. Order has been pronounced in the Court on 31.7.2018.

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