CIT v. Bholanath Poly Fab. Pvt. Ltd.

ITO 18(1)(5), Mumbai vs. Jitendra Madanlal Kitawat (HUF), Mumbai

In the result,appeal filed by the AO is rejected and the appeal of the assessee is partly allowed

Bench: S/Shri Rajendra & Sandeep Gosainआयकर अपील अपील संसंसंसं./I.T.A./7047/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2007-08 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Jitendra M. Kitavat (Huf) Ito 18(1)(5) Prop. Of M/S. Jivraj Exports Mumbai. 61, Purnima Apartment Vs. 43, Ridge Road, Mumbai-400 006. Pan:Assesseebpk 9960 C (अपीलाथ" /Appellant) (""यथ" / Respondent) आयकर आयकर अपील अपील संसंसंसं./I.T.A./7100/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2007-08 आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Ito 18(1)(5) Vs. Jitendra M. Kitavat(Huf) Mumbai. Mumbai-400 006 (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri Rajesh Kumar Yadav-Cit-Dr Assessee By: Shri Vimal Punmiya

…here was no real transaction. The Ld.CIT(A) also accepted the action of the Assessing Officer in disallowing certain percentage of impugned purchases, in view of the decision of the Hon'ble Gujarat High Court in the case of CIT v. Bholanath Polyfab Pvt. Ltd. [355 ITR 290] and CIT v. Simit P. Seth [356 ITR 451] and accordingly he estimated the profit element in the purchases at 12.5% for all the Assessment Years 2011-12 to 2013-14. 6. Before us the Learned Counsel for the assessee submits that assessee is into trading and export of diamonds and the disallowances were made only based on the admission of Shri Bhanwa…

Asst CIT Cir 3, Kalyan vs. Rich & Royal, Kalyan

In the result appeal of the revenue is dismissed in the manner indicated above

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1007/Mum/2016 (नििाारण वर्ा / Assessment Year: 2007-08) Acit Cir 3 बिाम/ M/S. Rich & Royal 2N D Floor, Rani Mansion, The Raymond Shop, Murbad Road, Kalyan(W), Zojwalla Complex, V. Dist Thane 421301 Agra Road, Kalyan (W) 421301 स्थायी ऱेखा सं./ Pan : Aadfr3357G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…ffirmed. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 3.2. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the conclusion that the entire quantity of opening stock,…

Asst CIT 14(1), Mumbai vs. Anil Dhanraj Murpana, Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2010-11 Acit-14(1), Shri Anil Dhanraj Murpana, 02Nd Floor, Earnest House, 308, Adhyaru Industrial बनाम/ Nariman Point, Estate, New Sun Mill Vs. Mumbai-400021 Compound, Lower Parel (W), Mumbai-400013 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaapm7660G राज"व क" ओर से / Revenue By Shri Rajesh Kumar Yadav-Dr "नधा"रती क" ओर से / Assessee By None

…med. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 2.2. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- 6 Anil Dhanraj Murpana “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the conclusion that the entire qu…

DCIT 25(1), Mumbai vs. Ajay Arvindbhai Khatri, Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2010-11 Dcit-25(1), M/S Ajay Arvindbhai Khatri, Room No.202, 02Nd Floor, 30/31, Borivali Shopping बनाम/ Pratyakshkar Bhavan, Centre, Chandavarkar Road, Vs. Bandra Kurla Complex, Borivali (West), Bandra (East), Mumbai-400092 Mumbai-400051 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaefa7242G Shri Rajesh Kumar Yadav-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By M/S. Dinkel Hariya

…med. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 2.3. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the conclusion that the entire quantity of opening stock…

Babulal B. Kanungo, Mumbai vs. ITO WD 19(1)(2), Mumbai

In the result, all the appeals of both the assessees are allowed in part for statistical purposes

Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm

…ement of profit adopted by the AO @12.5% treating the same as the profit element embedded in such bogus purchases, which the appellant would have made from some unknown entities is correct or not. Gujarat High Court in the case of Bholanath Poly Fab Pvt. Ltd. 355 ITR 290 (Guj), the case relied upon by the AO, the Hon'ble Court was battling with the finding of Hon'ble ITAT that purchases were made from bogus parties since notice issued by the A.O, to these parties were allegedly received „‟returned/unserved' and the assessee was unable to produce any confirmation from these parties. The Tribunal had held that thou…

DCIT Cent. Cir. - 1(3), Mumbai vs. Poonam Skyline Construction, Mumbai

…आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण, मुंबई अिधकरण मुंबई मुंबई “जी मुंबई जी जी” खंडपीठ जी खंडपीठ खंडपीठ मेमेमेमे खंडपीठ Income-tax Appellate Tribunal -“G”Bench Mumbai सव"ी राजे"",लेखा सद"य एवं अमरजीत "सह, "याियक सद"य Before S/Sh.Rajendra,Accountant Member and Amarjit Singh,Judicial Member आयकर अपील सं./I.T.A./2311/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2011-12 िनधा"रण िनधा"रण वष" वष" DCIT-CC-1(3) M/s. Poonam Skyline Construction Room No.905, Patishtha Bhavan, 66/B, 3rd Floor, Podar Chambers, Mumbai Vs. 9th Floor, Old CGO Building Annexe Samachar Marg, Fort, Mumbai-400…

Jet Chemicals P.Ltd, Kalyan vs. Ast CIT Cir 1, Kalyan

Bench: Shri G. S. Pannu, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 3707/Mum/2017, (निर्धारणवर्ा / Assessment Year: 2010-11)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI G. S. PANNU, AM & SHRI SANDEEP GOSAIN, JM आयकरअपीलसं./ I.T.A. No. 3707/Mum/2017, (निर्धारणवर्ा / Assessment Year: 2010-11) Jet Chemicals Pvt. Ltd. ACIT Cir -1 1st floor, Mohan Plaza 3/2 Mile Stone, KalyanMurbad बिधम/ Rd, ShahadKalyan, Kalyan- Wayale Nagar, Vs. 421103. Khadakpada, Kalyan(W)-421301 स्थायीलेखासं./जीआइआरसं./ PAN/GIR No. AAACJ4203H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant by : Sh. Haresh P. Shah प्रत्यथीकीओरसे/Respondentby : Sh. Suman Kumar सुनवाईकीतारीख/ : 10/01/2018 Date of Hearing घोषणाकीतारीख / : 28/0…

Hindustan Construction Corporation, Mumbai vs. DCIT 22(2), Navi Mumbai

Appeal is partly allowed

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am Hindustan Construction The Dy. Commissioner Of Corporation Income Tax-27(1), 208, Mahinder Chambers, 4Th Floor, Tower-6, Vashi Vs. Opp. Dukes Co., W.T. Patil Railway Station, Navi Marg, Chembur, Mumbai-400 Mumbai-400704 704 Appellant .. Respondent Pan No. Aadfh4209D

…and also keeping in mind the various judicial pronouncements on the issue of bogus purchases including the Gujarat High Court decisions in the case of CIT Vs. Simit P Sheth (2013) 356 ITR 451 (Guj. and in the case of CIT vs. Bholenath Poly Fab P. Ltd. (2013) 355 ITR 290 (Guj.), we estimate the extra profit element of the assessee @ 12.5% in the above mentioned bogus purchases and direct the AO to compute the income accordingly. 6. The next issue in this appeal of assessee is against the order of CIT(A) confirming the disallowance of expense by the AO amounting to ₹ 3 lacs debited to profit and loss account. For…

Royal Synthetics, Mumbai vs. Addl CIT 24(1), Mumbai

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Blem/S. Royal Synthetics V. Addl. Commissioner Of Income Tax 24(1) 5Th 405, Palm Spring Complex, Circle–13, Floor, Pratyakshakar Link Road, Malad (W), Bhavan, Bandra (E), Mumbai – 400 051 Mumbai – 400 064 Pan No: Aadfr 3102 K (Appellant) (Respondent)

…les of goods 5 M/s. Royal Synthetics purchased by the assessee. In any case the entire purchases cannot be treated as bogus especially when it was accepted the corresponding sales. 7. The Hon'ble Gujarat High Court in the case of Bholanath Polyfab Pvt. Ltd [355 ITR 290] held that when the assessee made purchases and sold the finished goods as a natural corollary not the entire amount covered under such purchases would be subject to tax but only the profit element embedded therein. Similar view has been taken by the Hon'ble Gujarat High Court in the case of CIT v. Simit P. Seth [38 taxman.com 385]. However, at t…

Vama International, Mumbai vs. ITO 21(3)(1), Mumbai

In the result, appeals of the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…here was no real transaction. The Ld.CIT(A) also accepted the action of the Assessing Officer in disallowing certain percentage of impugned purchases, in view of the decision of the Hon'ble Gujarat High Court in the case of CIT v. Bholanath Polyfab Pvt. Ltd. [355 ITR 290] and CIT v. Simit P. Seth [356 ITR 451] and accordingly he estimated the profit element in the purchases at 12.5% for all the Assessment Years 2011-12 to 2013-14. 6. Before us the Learned Counsel for the assessee submits that assessee is into trading and export of diamonds and the disallowances were made only based on the admission of Shri Bhanwa…

Vama International, Mumbai vs. Asst CIT 21(3), Mumbai

In the result, appeals of the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…here was no real transaction. The Ld.CIT(A) also accepted the action of the Assessing Officer in disallowing certain percentage of impugned purchases, in view of the decision of the Hon'ble Gujarat High Court in the case of CIT v. Bholanath Polyfab Pvt. Ltd. [355 ITR 290] and CIT v. Simit P. Seth [356 ITR 451] and accordingly he estimated the profit element in the purchases at 12.5% for all the Assessment Years 2011-12 to 2013-14. 6. Before us the Learned Counsel for the assessee submits that assessee is into trading and export of diamonds and the disallowances were made only based on the admission of Shri Bhanwa…

Vama International, Mumbai vs. Asst CIT 21(3), Mumbai

In the result, appeals of the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…here was no real transaction. The Ld.CIT(A) also accepted the action of the Assessing Officer in disallowing certain percentage of impugned purchases, in view of the decision of the Hon'ble Gujarat High Court in the case of CIT v. Bholanath Polyfab Pvt. Ltd. [355 ITR 290] and CIT v. Simit P. Seth [356 ITR 451] and accordingly he estimated the profit element in the purchases at 12.5% for all the Assessment Years 2011-12 to 2013-14. 6. Before us the Learned Counsel for the assessee submits that assessee is into trading and export of diamonds and the disallowances were made only based on the admission of Shri Bhanwa…

Poly Impex, Thane vs. Income Tax Officer 18 (3) (3), Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singhassessment Year: 2010-11 M/S. Poly Impex, The Income Tax Officer, 102/A, Shri Krupa Chs. Ltd., बनाम/ Ward-18(3)(3), Station Road, Bhayander (East), Earnest House, 5Th Floor, Vs. Thane – 401 105 Nariman Point, Mumbai – 400 021 (यनधाारयती /Assessee) (याजस्व /Revenue) P.A. No. Aaifp 0795 R

…firmed. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 4.1. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the conclusion that the entire quantity of opening stock,…

Neha Steels, Thane vs. ITO Ward, 1(3), Kalyan

Bench: Shri Joginder Singh & Shri Ramt Kocharassessment Year: 2009-10 Income Tax Officer, M/S. Neha Steels, Ward-1(3), Kalyan. H.No. 24, Ganesh Society, बनाम/ Behind Mseb, Kalyan Road, Vs. Bhiwandi, Dist. – Thane. (याजस्व /Revenue) (यनधाारयती /Assessee) P.A. No. Aaffn 9968 D Assessment Year: 2009-10 M/S. Neha Steels, Income Tax Officer, H.No. 24, Ganesh Society, बनाम/ Ward-1(3), Kalyan. Behind Mseb, Kalyan Road, Vs. Bhiwandi, Dist. – Thane. (यनधाारयती /Assessee) (याजस्व /Revenue) P.A. No. Aaffn 9968 D

…firmed. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 5.1. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the conclusion that the entire quantity of opening stock,…

ITO WD 1(3), Kalyan vs. Neha Steels, Thane

Bench: Shri Joginder Singh & Shri Ramt Kocharassessment Year: 2009-10 Income Tax Officer, M/S. Neha Steels, Ward-1(3), Kalyan. H.No. 24, Ganesh Society, बनाम/ Behind Mseb, Kalyan Road, Vs. Bhiwandi, Dist. – Thane. (याजस्व /Revenue) (यनधाारयती /Assessee) P.A. No. Aaffn 9968 D Assessment Year: 2009-10 M/S. Neha Steels, Income Tax Officer, H.No. 24, Ganesh Society, बनाम/ Ward-1(3), Kalyan. Behind Mseb, Kalyan Road, Vs. Bhiwandi, Dist. – Thane. (यनधाारयती /Assessee) (याजस्व /Revenue) P.A. No. Aaffn 9968 D

…firmed. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 5.1. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the conclusion that the entire quantity of opening stock,…

DCIT Cir.7(3)(1), Mumbai vs. Pjl Clothing India Ltd., Mumbai

The appeal of the Revenue is allowed for statistical purposes

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2010 - 2011 Dcit Circle 7(3)(1) Pjl Clothing India Ltd., Mumbai बनाम/ Unit No.19, Shree Madhu Estate, Pandurang Budhakar Vs. Marg, Worli, Mumbai 400 018 (याजस्व /Revenue) (यनधाारयती /Assessee) P.A. No. Aaacp2782R

…firmed. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 3.4. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the 10 PJL Clothing India Ltd. conclusion that the entire…

DCIT Cen Cir 1(4), Mumbai vs. Mp Recycling Co P Ltd, Mumbai

Bench: S/Sh.Rajendra & C. N. Prasadआयकर अपील अपील संसंसंसं./I.T.A./6385/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Dy. Cit-Cc-1(4) M/S. M.P. Recycling Co. Pvt. Ltd., Room No.902, Pratishta Bhavan, 9Th Floor, 51-53, A-Wing, Mittal Court, J.B. Marg, Vs. Old Cgo Bldg. Annexe, M.K. Road, Nariman Point, Mumbai-400 021. Mumbai-400 020. Pan:Aadcm 3153 A (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से / Revenue By: Shri Y.K. Bhaskar-Cit-Dr अपीलाथ" क" ओर से /Assessee By: Shri Rakesh Joshi सुनवाई क" तारीख / Date Of Hearing: 16/11/2017 घोषणा क" तारीख / Date Of Pronouncement: 07/ 02/2018 लेखा सद"य सद"य, राजे"" राजे"" केकेकेके अनुसार अनुसार/ Per Rajendra A.M.- लेखा लेखा लेखा सद"य सद"य राजे"" राजे"" अनुसार अनुसार Challenging The Order Dated 09/08/2016 Of The Cit(A)- 47,Mumbai,The Assessing Officer (Ao)Has Filed Present Appeal.Assessee-Company Is Engaged In The Business Of Ship Breaking & Is A Trader In Steel Items.It Also Produces Of Steel Pellets.It Filed Its Return Of Income On 30/ 09/ 2009.Pursuant To Search Proceedings,The Assessee Filed Its Return Of Income On 20/ 06/ 2012,Declaring Total Income At Rs.3,86,03,702/-.The Completed Assessment,On 27/03/2014, Determining Its Income At Rs.5,95,67,159 U/S.143(3) R.W.S. 153A Of The Act.

…ect thereof. The FAA recorded the various theories propounded by the judicial forums and referred to the cases of Nikunj Eximp Enterprises Private Limited(IT Appeal No.5604 of 2010 dtd.17.12.2012),Babulal C Borana,M K Brothers(163 ITR 249),Bholanath Poly Fab (355 ITR 290),Simit P Sheth(356 ITR 451) and Rajeev G Kalathil(51taxmann.com 514).She further held that the AO had accepted the sales made by the assessee,that purchase sale correlation had not been controverted by the AO,that no discrepancy in the stock was pointed out, that the payments made for the purchases were routed through banking channels, that the e…

Vijay Grihnirman P.Ltd, Mumbai vs. ACIT CC 15 & 16, Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2011-12 Vijay Grihanirman P. Ltd. Acit, 205, Marine Chambers, Central Circle-15 & 16, बनाम/ 43, New Marine Line, Mumbai Vs. Churchgate, Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacv2806N Shri Rajat Mittal-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri Mani Jain & Shri Prateek Jain

…med. Hon'ble Apex Court in Kachwala Gems vs JCIT (2007) 158 taxman 71 observed that an element of guesswork is inevitable in cases, where estimation of income is warranted. 3.2. The Hon'ble Gujarat High Court in CIT vs Bholanath Poly Fab. Pvt. Ltd. (2013) 355 ITR 290 (Guj.) held/observed as under:- “5. Having come to such a conclusion, however, the Tribunal was of the opinion that the purchases may have been made from bogus parties, nevertheless, the purchases themselves were not bogus. The Tribunal adverted to the facts and data on record and came to the conclusion that the entire quantity of opening stock…

Prankit Exports, Mumbai vs. ITO 25(3)(2), Mumbai

In the result both the appeals of the assessee as well of the revenue stand dismissed

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1441/Mum/2016 (नििाारण वर्ा / Assessment Year: 2007-08) बिाम/ Prankit Exports, Ito 25(3)(2) 301 Shviling Apartments, Mumbai Juhu 10T H Road, V. Vile Parle(W), Mumbai-400049 स्थायी ऱेखा सं./ Pan : Aaafp2359K (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…m/2014 and Bombay High Court decision in the case M/s. R.W.Promotions P. Ltd., Mumbai in ITA No.1489 of 2013. 6.6 Identical issue came up before the Hon'ble High Court of Gujarat in the case of Commissioner of Income v. Bholanath Poly Fab. P. Ltd. Reported in 355 ITR 290 (Guj.) In this case, the assessee was engaged in the business of trading in finished fabrics. The AO disallowed purchase amounting to Rs.40,69,546/- as bogus/unexplained. The CIT(A) confirmed the action of the AO. The issue was carried in appeal before the Hon'ble Tribunal which concurred with the finding of the revenue authorities below that suc…