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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO
PER D. KARUNAKARA RAO, AM: This appeal filed by the Revenue on 31.5.2016 is against the order of the CIT (A)-2, Thane dated 14.3.2016 for the assessment year 2009-2010. 2. In this appeal, Revenue raised four grounds in toto and they revolve around the core issue of addition on account of bogus purchases. At the outset, Ld Counsel for the assessee brought our attention to the order of the AO and mentioned that AO made addition of Rs. 42,67,380/- on account of „bogus purchases‟ involving the parties whose names are kept in the official website of the Sales Tax Department. While the AO made entire such bogus purchases, the CIT (A) restricted to only GP rates of the assessee over the years and found the GP rate applicable to AY 2014- 2015 is 12.19% is highest. AO calculated the net GP rate @ 6.78% (ie the said 12.19% - current GP rate of 5.41%). CIT (A) calculated the GP at the differential rate of 6.78% on the entire turnover of Rs. 102.81 lakhs and partly allowed the appeal of the assessee. Aggrieved with the said decision of the CIT (A) by granting substantial relief to the assessee, Revenue is in appeal before the Tribunal.
On hearing both the parties and on perusal of the orders of the Revenue Sheth [2013] (356 ITR 451) (Guj.). Accordingly, I am of the opinion, the CIT (A)‟s decision is fair and reasonable and it does not call for any interference. Thus, the grounds raised by the Revenue are dismissed.
In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on 26thApril, 2017. (D. KARUNAKARA RAO) ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक 26.04.2017 व.नन.स./ OKK , Sr. PS आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. आमकय आमुक्त(अऩीर) / The CIT(A)- 3. आमकय आमुक्त / CIT 4. ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR,
ITAT, Mumbai गार्ड पाईर / Guard file. 6. सत्मावऩत प्रनत //// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.