M/s. Gorur Infra Projects Private Limited, Raigad V. Income-tax Officer, Ward - 3, Raigad

ITA 1601/PUN/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 2681 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 22-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Bogus purchase
• Section: 43B; 143(3); 80IA

Judgement Text

आयकर अपीऱीय अधिकरण “ए” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI S.S.GODARA, JM AND SHRI DR. DIPAK P. RIPOTE, AM आयकर अपीऱ सं. / ITA No.1601/PUN/2017 ननधधारण वषा / Assessment Year : 2011-12 M/s. Gorur Infra Projects Pvt. Ltd. 314 Shubham complex Sec.11, New Panvel Dist- Raigad PAN : AADCG5519J .......अपऩलधथी / Appellant बनधम / V/s. ITO, Word 3, Panvel, Dist- Raigad ......प्रत्यथी / Respondent Assessee by : Smt. Deepa Khare Revenue by : Shri S. P. Walimbe सपनवधई की तधरऩख / Date of Hearing : 21.04.2022 घोषणध की तधरऩख / Date of Pronouncement : 12.05.2022 आदेश / ORDER PER S. S. GODARA, JM : 1. This assessee’s appeal for A.Y. 2011-12 is directed against the CIT(A) - 2, Thane’s order dated 17/03/2017 passed in case No. 248/14-15/403/15- 16 involving proceeding u/s. 143(3) of the Income Tax Act, 1961 ; in short "the Act. Heard both the parties. Case file perused. 2 ITA No.1601/PUN/2017 M/s. Gorur Infra Projects Pvt. Ltd. 2. The assessee has pleaded the following substantive grounds in the instant appeal ground No.1 to 3. “1) The learned CIT(A) 2 erred in confirming addition of Rs.374228/- made by I.T.O on the ground that the purchases „made from M/s Mahalaxmi Enterprises were bogus purchases which was based on information received from Sales Tax Dept of Maharashtra Govt. 2) He failed to consider all relevant and corroborative evidence submitted before the A.O. ward (3) Panvel, to prove genuinety of purchases. 3) It is respectfully submitted that the observations of CIT(A)2 Panvel in paragraph 6.2 of his order that the grounds of appeal regarding alleged bogus purchases was not pressed and relevant details were not produced in contrary to facts.” 3. The assessee is fair enough at the outset that it is not pressing the forgoing substantive issue of bogus purchases in light of CBDT Circular No. 37 dated 02.11.2016 dealing with chapter VI-A deduction on enhanced profits by virtue of disallowance(s) made u/s. 32, 40(a)(ia), 40A(3), 43B etc. of the Act. Mr. Walimbe at this stage invited our attention to the CIT(A)’s discussion in para 6 to 6.2 that the assessee had expressed its inablilty to produce the relevant details of the purchases and therefore, it is estopped from raising the instant issue. We find no merit in the Revenue’s arguments as the assessee has already been held entitled for section 80IA(4) deduction in para 5.2 of the CIT(A)’s order. We, thus direct the Assessing Officer to treat the assessee’s bogus purchases disallowances as well eligible for section 80IA 3 ITA No.1601/PUN/2017 M/s. Gorur Infra Projects Pvt. Ltd. deduction as per CBDT circular No.37 dated 02.11.2016. Ordered accordingly. 5. This assessee’s appeal is allowed in above terms. Order pronounced in the Open Court on this 12 th day of May, 2022. Sd/- Sd/- (DR.DIPAK P.RIPOTE) (S.S. GODARA) लेखध सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य/JUDICIAL MEMBER पपणे / Pune; ददनधांक / Dated : 12 th May, 2022. Ashwini आदेश की प्रनतनलनप अग्रेनषत / Copy of the Order forwarded to : 1. अपऩलधथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The CIT(A)-2, Thane. 4. The Pr.CIT, 2,Thane. 5. नवभधगऩय प्रनतनननध, आयकर अपऩलऩय अनधकरण, “ए” बेंच, पपणे / DR, ITAT, “A” Bench, Pune. 6. गधर्ा फ़धइल / Guard File. आदेशधनपसधर / BY ORDER, // True Copy // Senior Private Secretary आयकर अपऩलऩय अनधकरण, पपणे / ITAT, Pune. 4 ITA No.1601/PUN/2017 M/s. Gorur Infra Projects Pvt. Ltd. S.No. Details Date Initials Designation 1 Draft dictated on 21.04.2022 Sr. PS/PS 2 Draft placed before author 10.05.2022 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order