SHRI. GIRDHARILA C. PRAJAPATI, MUMBAI V. CIT(APPEAL)-30, MUMBAI

ITA 178/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0380 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 14-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMALD
• Section: 143(3); 142(1); 143(2); 148

Judgement Text

178/MUM/2019 SHRI GIRDHARILAL PRAJAPATI AY :2010-11 1 - IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.178/MUM/2019 ( / ASSESSMENT YEAR: 2010-11) SHRI GIRDHARILAL C. PRAJAPATI 28/3, JAYA BUILDING, SHOP NO. 11/12 2 ND SUTTAR GALI, NANUBHAI DESAI ROAD MUMBAI 400 004 / VS. ITO - 19(1)(3 ) MATRU MANDIR, 2 ND FLOOR OPP. BHATIA HOSPITAL MUMBAI 400 007. $% # ./ # ./PAN/GIR NO. ATQPP-0618-Q ( ' %' /APPELLANT ) : ( ()%' / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA LD. SR. DR / DATE OF HEARING : 16/03/2021 / DATE OF PRONOUNCEMENT : 16/03/2021 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2010-11 CONTEST THE ORDER OF L D. COMMISSIONER OF INCOME-TAX (APPEALS)-30, MUMBAI, [IN SHORT REFERRED TO AS CIT(A)], APPEAL NO. CIT-30/19(1)(3)/739/16-17 DATED 10/08/20 18 ON THE GROUND THAT GROSS PROFIT RATIO HAS WRONGLY BEEN ESTIMATED BY LD. CIT(A). 178/MUM/2019 SHRI GIRDHARILAL PRAJAPATI AY :2010-11 2 2. THOUGH NONE APPEARED FOR ASSESSEE, HOWEVER, MATE RIAL ON RECORD WAS SUFFICIENT FOR DISPOSAL OF THE APPEAL. THE LD. DR SUPPORTED THE IMPUGNED ORDER. 3. THE REGISTRY HAS NOTED A DELAY OF APPROX. 88 DAY S IN FILING OF APPEAL, THE CONDONATION OF WHICH HAS BEEN SOUGHT BY ASSESSEE VIDE CONDONATION PETITION DATED 10/01/2019 WHICH IS SUPP ORTED BY AFFIDAVIT OF THE ASSESSEE. IT HAS BEEN SUBMITTED THAT THE ASSESS EE COULD NOT ATTEND OFFICE DUE TO ILL-HEALTH OF THE FATHER. THOUGH LD. DR OPPOSED CONDONATION OF DELAY, HOWEVER, AFTER GOING THROUGH CONDONATION PETITION, WE ARE INCLINED TO CONDONE THE DELAY AND PROCEED FOR DISPO SAL OF APPEAL ON MERITS. 4.1 THE MATERIAL FACTS ARE THAT THE ASSESSEE IS STA TED TO BE ENGAGED IN TRADING OF FERROUS AND NON-FERROUS METALS. AN ASSES SMENT WAS FRAMED FOR THE YEAR U/S. 143(3) R.W.S. 147 ON 28/03/2016. THE ASSESSMENT WAS SO FRAMED PURSUANT TO RECEIPT OF CERTAIN INFORMATIO N FROM SALES TAX DEPARTMENT THAT THE ASSESSEE PROCURED ACCOMMODATION PURCHASE BILLS OF RS.67.32 LACS FROM 9 PARTIES AS DETAILED IN PARA -2 OF THE ASSESSMENT ORDER. ACCORDINGLY NOTICE U/S 148 WAS ISSUED ON 05/ 11/2014 WHICH WAS FOLLOWED BY STATUTORY NOTICES U/S 143(2) & 142(1) W HEREIN THE ASSESSEE WAS DIRECTED TO SUBSTANTIATE THESE PURCHASE TRANSAC TIONS. 4.2 THOUGH THE ASSESSEE FILED DOCUMENTARY EVIDENCES BUT IT FAILED TO PRODUCE ANY OF THE ENTITIES. THE LD.AO ALSO NOTED T HAT THE ASSESSEE COULD NOT FILE VITAL DOCUMENTS SUCH AS DELIVERY CHA LLANS, TRANSPORT RECEIPTS, GOODS INWARDS REGISTER ETC. THE PAYMENTS THROUGH BANKING CHANNELS WOULD NOT BE SACROSANCT. FINALLY, THE ADDI TIONS WERE ESTIMATED AT 12.5% OF THESE PURCHASES AND ADDED TO THE INCOME OF THE ASSESSEE. 178/MUM/2019 SHRI GIRDHARILAL PRAJAPATI AY :2010-11 3 THE STAND OF LD. AO, UPON CONFIRMATION BY LD.CIT(A) , IS UNDER CHALLENGE BEFORE US. 5. AFTER CAREFUL CONSIDERATION OF FACTUAL MATRIX, W E FIND THAT LOWER AUTHORITIES HAVE CLINCHED THE ISSUE IN THE CORRECT PERSPECTIVE AND OUR INTERFERENCE, IN NOT CALLED FOR, IN ANY MANNER. NO NEW MATERIAL HAS BEEN PLACED BEFORE US. IT WAS A FIT CASE TO ESTIMATE CER TAIN ADDITIONS AGAINST SUSPICIOUS PURCHASES. CONSEQUENTLY, WE DISMISS THIS APPEAL. 6. THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH MARCH, 2021 SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 16/03/2021 SR.PS, JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ' %'/ THE APPELLANT 2. ()%'/ THE RESPONDENT 3. !! (' ) / THE CIT(A) 4. !! / CIT CONCERNED 5. Z[ (\, !' \, / DR, ITAT, M UMBAI 6. []_ / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.