ITO WD 23(2)(4), MUMBAI vs. MUKESH KANTIAL SHAH (HUF), MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to sustain an addition of 10% of the purchase value as gross profit. The Tribunal found that while the purchases might have been genuine, the assessee likely earned a profit on them, especially considering the overall profitability of the assessee.
What were the facts?
The assessee claimed purchases of Rs. 69,58,432/- from two parties identified as 'hawala' dealers by the Sales Tax department. The Assessing Officer (AO) disallowed these purchases as bogus, as the parties could not be produced and transportation details were not provided.
What were the issues?
Whether purchases from parties identified as 'hawala' dealers are to be disallowed entirely, and if not, what is the appropriate addition for profit on such purchases.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 147,Section 145(3),Section 69C,Section 69
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Bholanath Poly Fab. Pvt. Ltd.712 citing355 ITR 290 · 2013 · HC
Income Tax Appellate Tribunal, ‘B’ BENCH, MUMBAI
Before: SHRI B.R BASKARAN, AM & SHRI RAVISH SOOD,JM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश की प्रयतयलयप अग्रेयषत/Copy of the Order forwarded to :
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