ITO, 29(3)(4), MUMBAI V. SUNPACK CORPORATION, MUMBAI

ITA 1083/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6133 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 26-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT PRATAP SINGH
• Assessee Lawyers: DIVYESH FOTARIA
• Keywords: Bogus purchase
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI VIKAS AWASTHY, JM ITA NO. 1083/MUM/2019 ( ASSESSMENT YEAR: 2010-11) I.T.O.-29(3)(4), R. NO. 308, C-10, 3 RD FLOOR, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400051.. VS. M/S SUNPACK CORPORATION, 26/27, KALA UDYOG PREMISES, LBS MARG, BHANDUP (W) MUMBAI-78. PAN/GIR NO.AAAFS 6275 P (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI AMIT PRATAP SINGH (DR) ASSESSEE BY SHRI DIVYESH FOTARIA (AR) DATE OF HEARING 11/02/2020 DATE OF PRONOUNCEMENT 11/02/2020 / O R D E R PER: R.C. SHARMA, A.M. THIS IS THE APPEAL FILED BY THE REVENUE AGAINST TH E ORDER OF THE LD. CIT(A)-40, MUMBAI DATED 03/12/2018 FOR THE A.Y. 2010-11 IN THE MATTER OF ORDER PASSED U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT). 2. WE HAVE GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW AND FOUND THAT THE ASSESSEE IS ENGAGED IN MANUFACTURING OF PACKAGING MATERIAL IN PRINTED ROLL AND SHEETS. THE A.O. GOT I NFORMATION FROM THE SALES TAX DEPARTMENT REGARDING THE ASSESSEE TAKING PURCHASE BILLS WITHOUT TAKING DELIVERY OF GOODS. ACCORDINGLY, THE ASSESSMENT WAS ITA NO. 1083/MUM/2019 ITO VS M/S SUNPACK CORPORATION 2 REOPENED AND THEREAFTER THE A.O. ADDED 12.5% OF ALL EGED BOGUS PURCHASES IN ASSESSEES INCOME. BY THE IMPUGNED ORD ER, THE LD. CIT(A) AFTER CONSIDERING THE ISSUE THREADBARE AND APPLYING VARIOUS JUDICIAL PRONOUNCEMENTS HAS HELD THAT THE ASSESSEE SHOULD BE GIVEN CREDIT OF G.P. RATE ALREADY DECLARED. THE DETAILED FINDINGS SO RECORDED ARE AS PER THE MATERIAL ON RECORD AND AS PER THE JUDICIAL PRONOUNCEMENTS DISCUSSED IN THE ORDER OF THE LD. CIT(A), THEREFORE , NO INTERFERENCE IS REQUIRED. HENCE, WE UPHOLD THE ORDER OF THE LD. CIT (A). 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH FEBRUARY, 2020. SD/- (VIKAS AWASTHY) SD/- (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 11/02/2020 *RANJAN COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//