JCIT)OSD), CENTRAL CIRCLE-5(1), Mumbai V. HICON CONSTRUCTION , Mumbai

ITA 1118/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6145 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 27-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT PRATAP SINGH
• Keywords: Bogus purchase
• Section: 147; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI VIKAS AWASTHY, JM ITA NO. 1118/MUM/2019 ( ASSESSMENT YEAR: 2007-08) J.C.I.T. (OSD), CENTRAL CIRCLE-5(1), ROOM NO. 1926, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI-400021. VS. M/S HICONS CONSTRUCTION B-201, LEO APARTMENTS, 24 TH ROAD, KHAR (W), MUMBAI-52. PAN/GIR NO.AAEFH 3281 J (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI AMIT PRATAP SINGH (DR) ASSESSEE BY NONE DATE OF HEARING 11/02/2020 DATE OF PRONOUNCEMENT 12/02/2020 / 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)-53, MUMBAI DATED 28/11/2018 FOR THE A.Y. 2007-08 IN THE MATTER OF ORDER PASSED U/S 144 R.W.S. 147 OF THE IN COME TAX ACT, 1961 (IN SHORT, THE ACT). 2. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE ORDER OF THE LD. CIT(A) FOR RESTRICTING ADDITION ON ACCOUNT OF BOGUS PURCHASES TO THE EXTENT OF 25% WHICH WAS MADE BY THE A.O. AT 100%. ITA NO. 1118/MUM/2019 JCIT(OSD) VS M/S HICONS CONSTRUCTION 2 3. WE HAVE GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW AND FOUND THAT THE ASSESSEE IS BUILDER AND DEVELOPER. O N GETTING INFORMATION FROM THE SALES TAX DEPARTMENT TO THE EF FECT THAT THE ASSESSEE HAS TAKEN BOGUS PURCHASE BILLS. THE A.O. R EOPENED THE ASSESSMENT AND ADDED 100% IN ASSESSEES INCOME. BY THE IMPUGNED ORDER, THE LD. CIT(A) HAS DEALT WITH THE ISSUE THRE ADBARE AND AFTER CONSIDERING ALL THE FACTS AND CIRCUMSTANCES OF THE CASE AND VARIOUS JUDICIAL PRONOUNCEMENTS RESTRICTED THE ADDITION TO THE EXTENT OF 25% OF SUCH BOGUS PURCHASES. NOTHING WAS POINTED OUT BY TH E LD DR SO AS TO PERSUADE US TO DEVIATE FROM THE FINDINGS OF THE LD. CIT(A), ACCORDINGLY WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF THE LD. CIT(A) FOR RESTRICTING ADDITION TO THE EXTENT OF 25% OF BOGUS PURCHASES KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES OF THE CASE. HENCE , WE UPHOLD THE SAME. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH FEBRUARY, 2020. SD/- (VIKAS AWASTHY) SD/- (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 12/02/2020 *RANJAN COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT ITA NO. 1118/MUM/2019 JCIT(OSD) VS M/S HICONS CONSTRUCTION 3 BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//