Parvez Nazir Hussain Jafri, Aurangabad V. Income-tax Officer, Ward - 2(3), Aurangabad

CO 22/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3951 (ITAT-PUNE)
• Duration Of Justice: 6 month(s) 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 12-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 01-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 40A(3)

Judgement Text

आयकर अपीलीय अधिकरण “बी” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.202/PUN/2019 धििाारण वर्ा / Assessment Year : 2009-10 The Income Tax Officer, Ward – 2(3), Aurangabad ......अपीलार्थी / Appellant बिाम / V/s. Mr. Parvez Nazir Hussain Jafri, H. No. 2-3-23, Ali Manzil, Shah Bazar, Aurangabad – 431001 PAN : ACQPJ2534A ......प्रत्यर्थी / Respondent प्रत्याक्षेप सं. / CO No.22/PUN/2021 निर्ाारण वर्ा / Assessment Year : 2009-10 Mr. Parvez Nazir Hussain Jafri, H. No. 2-3-23, Ali Manzil, Shah Bazar, Aurangabad – 431001 PAN : ACQPJ2534A .......अपीलार्थी / Appellant बिाम / V/s. The Income Tax Officer, Ward – 2(3), Aurangabad ......प्रत्यर्थी / Respondent Assessee by : Shri M.K. Kulkarni Revenue by : Shri M.G. Jasnani सुनवाई की तारीख / Date of Hearing : 09-06-2022 घोषणा की तारीख / Date of Pronouncement : 13-06-2022 2 ITA No.202/PUN/2019 & CO No. 22/PUN/2021, A.Y. 2009-10 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the Revenue against the order dated 15-11-2018 passed by the Commissioner of Income Tax (Appeals)-2, Aurangabad [‘CIT(A)’] for assessment year 2009-10. The assessee has filed Cross Objection in the appeal filed by the Revenue. 2. Upon hearing, we note that the issues raised in the appeal and cross objection are similar basing on the same identical facts. Therefore, with the consent of both the parties, we proceed to dispose off above said appeal and cross objection together and pass a consolidated order for the sake of convenience. 3. First, we shall take up the appeal by the Revenue in ITA No. 202/PUN/2019. 4. The Revenue raised as many as ten grounds of appeal questioning the action of CIT(A) in deleting the addition made by the AO on account of violating the provisions of section 40A(3) of the Act. 5. At the outset, we note that the CIT(A) by placing reliance in assessee’s own case for A.Y. 2008-09 passed by the ITAT vide its order dated 28-12-2012 deleted the addition made by the AO by holding when the genuineness and identity of the payee not in dispute no disallowance u/s. 40A(3) is maintainable. 3 ITA No.202/PUN/2019 & CO No. 22/PUN/2021, A.Y. 2009-10 6. We note that the AO in the year under consideration relating to A.Y. 2009-10 made additions of Rs.1,95,73,979/- and Rs.95,47,171/- u/s. 40A(3) of the Act. The ld. AR submits that the assessee is engaged in the business of supply of steel scrap to various re-rolling mills and conducting its business under the name and style of “M/s. Jafri Steel Traders”. We note that the assessee challenged the above said additions made by the AO in the First Appellate proceedings. The CIT(A) considering the order of ITAT in assessee’s own case for A.Y. 2008-09 deleted the entire addition. The CIT(A) reproduced the findings of ITAT in the impugned order at Page No. 22, wherein, it is brought to our notice that the Revenue accepted the said findings of ITAT, but, however, in the year under consideration the AO made additions for violating of provisions u/s. 40A(3) of the Act. The CIT(A) examined the issue in terms of findings of ITAT for A.Y. 2008-09 against which there is no order contrary to the findings of ITAT placed before us. Therefore, in view of the same, we find no infirmity in the order of CIT(A) and the grounds raised by the Revenue are dismissed. 7. In the result, the appeal of Revenue is dismissed. CO No. 22/PUN/2021 8. Ld. AR submits that the assessee is not interested to prosecute the issue raised in cross objection and prayed to dismiss the same as not pressed. Accordingly, the same is dismissed as not pressed. 4 ITA No.202/PUN/2019 & CO No. 22/PUN/2021, A.Y. 2009-10 9. In the result, both the appeals by the Revenue as well as cross objection of the assessee are dismissed. Order pronounced in the open court on 13 th June, 2022. Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; दिनाांक / Dated : 13 th June, 2022. रदव आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The CIT(A)-2, Aurangabad 4. The Pr. CIT-2, Aurangabad 5. दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “बी” बेंच, पुणे / DR, ITAT, “B” Bench, Pune. 6. गार्ड फ़ाइल / Guard File. //सत्यादपत प्रदत// True Copy// आिेशानुसार / BY ORDER, वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune