AGARWAL CHEM PRODUCTS (INDIA) PVT LTD,MUMBAI V. DCIT CIRCLE 6(1)(1), MUMBAI

ITA 3788/MUM/2024

AI Insights

The case involves Agarwal Chem Products (India) Pvt. Ltd., which appealed against the order of the Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, Delhi, concerning the Assessment Year 2018-19. The primary issues revolved around the reassessment proceedings under section 147 of the Income-tax Act, 1961, and the additions made for alleged bogus sales and purchases. The AO had reopened the case based on information about fraudulent invoices from two entities. The Tribunal noted procedural lapses in the earlier hearings, specifically the failure to receive notices due to them being sent to an outdated email address. Consequently, the Tribunal restored the matter to the AO for a thorough examination of the documents and proper adjudication.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 473349 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 04-09-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 29-07-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR SINHA
• Assessee Lawyers: SUCHEK ANCHALIYA
• Keywords: Bogus purchase; Accommodation entries; Bogus
• Section: 147; 148; 250; 68; 69C

Judgement Text

" IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SMT. RENU JAUHRI, ACCOUNTANT MEMBER ITA No. 3788/MUM/2024 (A.Y. 2018-19) Agarwal Chem Products (India) Pvt. Ltd. 105/106, Parshwa Chamber, 17/21 Issaji Street Vadgadi, Masjid Bunder, Mumbai-400003 v/s. बनाम DCIT Circle 6(1)(1) 563, 5th Floor, Aayakar Bhawan, Maharishi Karve Road, Mumbai-400020 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AADCA1085H Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Shri Suchek Anchaliya Respondent by : Shri Manoj Kumar Sinha Date of Hearing 04.09.2024 Date of Pronouncement 24.10.2024 आदेश / O R D E R PER RENU JAUHRI [A.M.] :- This appeal is filed by the assessee against the order of the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] dated 30.05.2024 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for Assessment Year [A.Y.] 2018-19. P a g e | 2 ITA No. 3788/Mum/2024 A.Y. 2018-19 Agarwal Chem Products (India) Pvt. Ltd. 2. The assessee has raised following grounds of appeal: “1. On the facts and in the circumstances of the case and in law the Ld. NFAC erred in not considering that the assumption of jurisdiction by the Ld. Assessing Officer is bad in law as the conditions laid down under the Act for initiating reassessment proceeding u/s 147 of the Act have not been fulfilled. 2. On the facts and circumstances of the case and in law, the Ld. NFAC erred in confirming the addition of alleged bogus sales amounting to Rs. 51,97,500/- made to M/s Advance Computers and Mobiles India Pvt. Ltd without appreciating the fact that the appellant has not made transactions with M/s Advance Computers and Mobiles India Pvt. Ltd during the year or till date. 3. On the facts and in the circumstances of the case and in law, the Ld. NFAC erred in confirming 100% addition of purchase made from M/s Germanium Trading Private Limited as alleged bogus purchases without appreciating the facts that the transaction of Rs. 90,50,000/- from party is genuine purchases, and the payments was made through banking channel and the quantity details of the purchase are matching with the sales. 4. The appellant craves to add, alter, classify, reclassify, delete or modify any of the above grounds of appeal and requests to consider each of the above grounds without prejudice to one another” 3. The brief facts of the case are that the assessee had filed return declaring income of Rs. 60,73,110/-. Subsequently, information receipt by the department that the assessee had received fraudulent/fake invoices in respect of accommodation entries taken from the following two entities: a. M/s. Advance Computers and Mobiles India Pvt Ltd. - 51,97,500/- b. M/s Germanium Trading Pvt. Ltd. - 90,50,000/- 4. The case was reopened and a notice u/s 148 was issued, in response to which no return was filed by the assessee. After considering assessee’s reply, the AO held that the assessee could not establish the genuineness of the transactions, and accordingly, an addition u/s 68 was made in respect of Rs. 51,97,500/- being bogus sales made to M/s. Advance Computers and Mobiles P a g e | 3 ITA No. 3788/Mum/2024 A.Y. 2018-19 Agarwal Chem Products (India) Pvt. Ltd. India Pvt. Ltd. and Rs. 90,50,000/- was added u/s 69C on account of bogus purchases made from M/s. Germanium Trading Pvt. Ltd. 5. The assessee filed an appeal before the Ld. CIT(A). However, vide order dated 30.05.2024, the assessee’s appeal was dismissed on the ground that despite several opportunities provided to substantiate its claim the assessee had made no compliance. 6. Aggrieved with the said order, the assessee is in appeal before us. 7. We have heard the rival submissions. It has been claimed by the Ld. AR that no compliance could be made before Ld. CIT(A) as the notices were sent on the email of an employee who had left the organization. It was further pointed out that the case for AY 2017-18, on similar issue, was also restored to the AO. Accordingly, we deem it proper to restore the case to the AO for proper verification of requisite documents such as transportation bills, indemnity etc. The AO is further directed to grant reasonable opportunity to the assessee to substantiate its claim. 8. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 24.10.2024. Sd/- Sd/- AMIT SHUKLA RENU JAUHRI (न्यातयक सदस्य/JUDICIAL MEMBER) (लेखाकार सदस्य/ACCOUNTANT MEMBER) P a g e | 4 ITA No. 3788/Mum/2024 A.Y. 2018-19 Agarwal Chem Products (India) Pvt. Ltd. Place: म ुंबई/Mumbai दिनाुंक /Date 24.10.2024 अननक ेत स ुंह राजपूत/ स्टेनो आदेश की प्रतितलति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 5. गार्ड फाईल / Guard file. सत्यावपि प्रवि //True Copy// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीलीय अतिकरण/ ITAT, Bench, Mumbai. "