NEHAL CORPORATION,MUMBAI vs. ITO WD 16(3)(2), MUMBAI

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ITA 3610/MUM/2015Status: DisposedITAT Mumbai05 July 2016AY 2001-023 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal affirmed the order of the CIT(A) and dismissed the assessee's appeal. The absence of the assessee during the hearing further supported the decision to uphold the CIT(A)'s findings.

What were the facts?

The assessee, a partnership firm, was subject to a survey action. The Assessing Officer disallowed purchases amounting to Rs. 4,96,500/- from three parties, deeming them unproved and indicative of inflated purchases. The CIT(A) affirmed this addition after the assessee failed to discharge its burden of proof.

What were the issues?

Whether purchases from certain parties were genuine and adequately substantiated by the assessee. The burden of proof for the genuineness of purchases rested with the assessee.

Which sections of the Income-tax Act were involved?

Section 133A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI G.S.PANNU

For Respondent: Ms. R.M.Madhavi
Hearing: 05/07/2016Pronounced: 05/07/2016

The captioned appeal filed by the assessee pertaining to assessment year 2001-02 is directed against an order passed by CIT(A)30, Mumbai dated 09/03/2015, which in turn arises out of an order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dated 29/03/2004.

2.

At the time of hearing, it was noticed that in spite of service of notice of hearing by registered post, none appeared on behalf of the appellant assessee. Accordingly, following Rule 24 of Income-tax (Appellate Tribunal) Rules, 1963, the appeal of the assessee is being disposed of ex-parte qua the appellant, after hearing Ld. Departmental Representative on merit.

3.

In brief, the relevant facts are that the assessee is a partnership firm engaged in the business of trading in automobile spares and bearings. In the assessment order, Assessing Officer has noted that a survey action under section 133A of the Act was carried out in the premises of the assessee simultaneously with a search action at the residence of Shri Rajnikant S. Janani and associated group cases on 14/02/2001. The facts relevant for the present purpose are that purchases to the tune of Rs.4,96,500/- made from three parties namely Meit Enterprises, M.K.Enterprises and Vijay Sales Corporation have been held to be unproved. The CIT(A) has concluded that assessee has obtained bogus bills from such parties with the object of inflating the purchases and suppression of true profits. The finding of the CIT(A) is after taking into consideration the fact that on an earlier occasion the matter had travelled to the Tribunal, which had set-aside the issue for fresh adjudication. The CIT(A) also notes that the Assessing Officer in the remand report had accepted the purchases from five parties, as verifiable and to that extent the CIT(A) deleted the addition. Only in relation to the aforesaid three parties, the CIT(A) affirmed the addition by noticing that assessee had failed to discharge the burden cast upon it.

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