INCOME TAX OFFICER 17(2)(4), MUMBAI V. M/S.NAVNIT AUTO AGENCY, MUMBAI

ITA 1164/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4262 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 01-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATISH CHANDRA RAJORE
• Keywords: Bogus purchase

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI BEFORE SHRI R. C. SHARMA, ACCOUNTANT MEMBER & SHRI C.N. PRASAD, JUDICIAL MEMBER ITA NO. 1164 /MUM/ 2019 : A.Y : 2009 - 10 INCOME TAX OFFICER 17(2)(4) ROOM NO.123B, 1 ST FLOOR, AAYAKAR BHAWAN CHURCHGATE, MUMBAI - 400020 VS. M/S. NAVNIT AUTO AGENCY 6, MEHTA CHAMBERS KALYAN STREET NANA BUNDER, MUMBAI - 400009 PAN NO: ADCPP6636J REVENUE BY : SHRI SATISHCHANDRA RAJORE ASSESSEE BY : NONE DATE OF HEARING : 27/02/2020 DATE OF PRONOUNCEMENT : 28 /02/2020 O R D E R PER R.C. SHARMA , ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) - 58, MUMBAI DATED 20/12/2018 FOR A.Y.2009 - 10 IN THE MATTER OF ORDER PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961. 2. IN THIS APPEAL REVENUE IS AGGRIEVED BY THE ACTION OF CIT(A) FOR RESTRICTING THE ADDITION TO THE EXTENT OF 12.5% IN RESPECT OF BOGUS PURCHASES. 3. RIVAL CONTENTIONS HAVE BEEN HEARD AND RECORD PERUSED. THE AO GOT INFORMATION THAT ASSESSEE HAS TAKEN BOG US ACCOMMODATION BILLS, ACCORDINGLY, HE ADDED 100% OF SUCH PURCHASES IN ASSESSEES INCOME AMOUNTING TO RS.38,409/ - . ITA NO. 1164/MUM/2019 NAVNIT AUTO AGENCY 2 4. BY THE IMPUGNED ORDER, CIT(A) RESTRICTED ADDITION TO THE EXTENT OF 12.5% AFTER RECORDING DETAILED FINDING FROM PARA 8 TO 12 OF ITS APPELL ATE ORDER. AFTER APPLYING VARIOUS JUDICIAL PRONOUNCEMENTS, CIT(A) HELD THAT ADDITION TO THE EXTENT OF 12.5% WILL SERVE THE PURPOSE OF JUSTICE SO AS TO FILL THE GAP OF LEAKAGE OF REVENUE , IF ANY. THE FINDING SO RECORDED BY CIT(A) HAS NOT BEEN CONTROVERTED, ACCORDINGLY, WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF CIT(A). 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 / 02 /20 20 SD/ - ( C.N. PRASAD ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 28 / 02 /20 20 KARUNA SR. PS 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, MUMBA I 6. GUARD FILE. //TRUE COPY//