M/s. Vijay Gopalbhai Parmar, Navsari V. The Income tax Officer,Ward-4, Navsari

ITA 1204/AHD/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76895 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-06-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 21-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A TIRKEY
• Keywords: Bogus purchase

Judgement Text

, , , , , , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , ! ' #$ #$ #$ #$ %, ' BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER $./ I.T.A. NO.1204/AHD/2011 ( ( )( ( )( ( )( ( )( / / / / ASSESSMENT YEAR : 2007-08) MR.VIJAY GOPALBHAI PARMAR PROP. OF SHREE MAHAVIR METAL SHOP NO.12 VINA CHAMBERS,ZAVER SADAK, NAVSARI 396 445 / VS. THE INCOME TAX OFFICER WARD-4 NAVSARI '* ! $./+, $./ PAN/GIR NO. : AJXPP 8311 M ( *- / // / APPELLANT ) .. ( ./*- / RESPONDENT ) *- 0 / APPELLANT BY : -NONE- ./*- 1 0 / RESPONDENT BY : SHRI A.TIRKEY, SR. DR 2 1 ! / / / / DATE OF HEARING 27/06/2014 34) 1 ! / DATE OF PRONOUNCEMENT 30/06/2014 5 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LD.COMMISSIONER OF INCOME TAX(APPEALS)-VALSAD (CIT (A) IN SHORT) DATED 27/12/2010 PERTAINING TO ASSESSMENT YEAR (AY) 2007-08. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1) THE LEARNED CIT(APPEALS) HAS ERRED IN LAW AND ON FA CTS, IN CONFIRMING DISALLOWANCE MADE BY THE ASSESSING OFFIC ER OF AGGREGATE AMOUNT OF RS.1,01,40,599/- TOWARDS ALLEGE D BOGUS PURCHASES. ITA NO.1204/AHD /2011 MR. VIJAY GOPALBHAI PARMAR VS. ITO ASST.YEAR 2007/08 - 2 - 2) ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED CIT(APPEALS) HAS ERRED IN CONF IRMING DISALLOWANCE OF AGGREGATE AMOUNT RS.1,14,220/- TOWA RDS EXPENSES RELATED TO ALLEGED BOGUS PURCHASE AS PER GROUND NO. 1 ABOVE. 3) ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED CIT(APPEALS) HAS ERRED IN THE CONFIRMING ADDITION OF AGGREGATE AMOUNT RS.58,250/- TOWARDS AL LEGED NON- GENUINE UNSECURED LOANS BORROWED BY THE APPELLANT F ROM (A) SHRI MUKESH N.PARMAR RS.19,000/- (B) SHRI RAJUBHAI N.PAR MAR RS.19,750/- (C) SHRI ROHIT D.PARMAR RS.19,500/-. 4) THE ABOVE GROUNDS OF APPEAL ARE WITHOUT PREJUDICE T O AND ARE INDEPENDENT OF EACH OTHER. 5) YOUR APPELLANT CRAVES, LEAVE TO AMEND, ALTER, DELET E AND/OR ADD TO FOREGOING GROUNDS OF APPEAL ANY TIME BEFORE THE APP EAL IS DECIDED. 2. NOTICE OF HEARING HAS BEEN ISSUED ON 25/04/2 014 FIXING THE DATE OF HEARING ON 27/06/2014 WHICH WAS SENT THROUGH REGIST ERED POST (A.D.) TO THE ASSESSEE (AS PER EVIDENCE ON RECORD RG 227824 633 IN) WHICH WAS RETURNED BY THE POSTAL AUTHORITIES WITH REMARKS LE FT. ON THE DATE OF HEARING, NO ONE HAS APPEARED FROM THE SIDE OF APPEL LANT-ASSESSEE. NEITHER THE ASSESSEE HAS FURNISHED ANY FRESH ADDRES S NOR ANY APPLICATION FOR SEEKING ADJOURNMENT HAS BEEN FILED. UNDER THES E CIRCUMSTANCES, WE HAVE NO OPTION BUT TO DISMISS THIS APPEAL SINCE THE ASSESSEE IS NOT INTERESTED IN PURSUING WITH HIS APPEAL. THEREFORE, IN VIEW OF HON'BLE MADHYA PRADESH HIGH COURT DECISION IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA VS. CWT (1997) 223 ITR 480 (M.P.) AND OF HON'BLE DELHI TRIBUNAL DECISION IN THE CASE OF CIT VS. MULTIPLAN INDIA (PVT.) ITA NO.1204/AHD /2011 MR. VIJAY GOPALBHAI PARMAR VS. ITO ASST.YEAR 2007/08 - 3 - LTD. 38 ITD 320 (DELHI) , WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE . 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. ORDER PRONOUNCED IN COURT ON THE DATE MENTIONED HER EINABOVE AT CAPTION PAGE SD/- SD/- ( ) ( %) ! ' ' ( ANIL CHATURVEDI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 30/ 06 /2014 8.., .../ T.C. NAIR, SR. PS 5 1 .9 : 9) 5 1 .9 : 9) 5 1 .9 : 9) 5 1 .9 : 9)/ COPY OF THE ORDER FORWARDED TO : 1. *- / THE APPELLANT 2. ./*- / THE RESPONDENT. 3. $$ ; / CONCERNED CIT 4. ;() / THE CIT(A)-VALSAD 5. 9%< . , , / DR, ITAT, AHMEDABAD 6. <=( >2 / GUARD FILE. 5 5 5 5 / BY ORDER, /9 . //TRUE COPY// ? ?? ?/ // / $+ $+ $+ $+ ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 30.6.14(COPIED MATTER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 30.6.14 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMBER 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.30.6.14 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 30.6.14 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER