INCOME TAX OFFICER 32 (3) (1), MUMBAI vs. RAMREKHA SHUKLA, MUMBAI
In the result, appeal filed by the revenue is hereby dismissed
ITA 5805/MUM/2019[2011-12]Status: DisposedITAT Mumbai01 Jul 2021AY 2011-12
Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5805/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2011-12) Ito-32(3)(1) बिधम/ Ramrekha Shukla Room No.733, 7Th Floor, A/204, Riddhi Co. Operative Vs. Kautilya Bhavan, Bkc, Hsg. Ltd, Sai Baba Nagar, Bandra (E), Mumbai- Borivali (W), Mumbai- 400051. 400092. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aggpd6265J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Smita Verma (Sr. Ar) Assessee By: Shri Mahesh Saboo सुनवाई की तारीख / Date Of Hearing: 08/04/2021 घोषणा की तारीख /Date Of Pronouncement: 01/07/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.05.2019 Passed By The Commissioner Of Income Tax (Appeals)-46, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - “(I) "On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Restricting The Addition To 5% On Account Of Bogus Purchases, Without Appreciating The Fact That The Sales Tax Department Has Proved Beyond Doubt That The Parties Declared As Hawala Traders Were Involved In Providing Accommodation Entry Of Purchases
For Appellant: Shri Mahesh SabooFor Respondent: Ms. Smita Verma (Sr. AR)
Section 133(6)Section 143(1)Section 148
…ieve' by the assessing officer and it was his independent opinion after perusal of information in his hand. The AO is not required to carry out any investigation before reopening as held by Hon'ble Supreme Court in the case of Raymond Woollen Mills Ltd vs ITO 236 ITR 3 (SC). Hon'ble Apex Court held that in determining whether commencement of reassessment proceedings was valid, it has only to be seen whether there was prima facie some material on the basis of which the department could reopen the case. The sufficiency or correctness of the material is not a thing to be considered at the stage of reopening. Therefo…
