Fenil Subhash Shah, Kolkata V. I.T.O.,Ward-31(3), Kolkata

ITA 1827/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6219 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 05-02-2020
• Assessment Year: 2009-2010
• Appeal Filed On: 02-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA JCITSRDR
• Assessee Lawyers: S L KOCHAR
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.1827/KOL/2019 ASSESSMENT YEAR:2009-10 FENIL SUBHASH SHAH C/O SIMPLEX ENGG. CO., MARSHALL HOUSE, ROOM NO. 322, 3 RD FLOOR, 33/1,N.S.ROAD, KOLKATA-001 [ PAN NO. AIZPS 4613 G ] / V/S . INCOME TAX OFFICER WARD-31(3), 10B, MIDDLETON ROW, KOLKATA-700 016 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI S.L.KOCHAR, ADVOCATE /BY RESPONDENT SHRI JAYANTA KHANRA, JCIT-SR-DR /DATE OF HEARING 05-02-2020 /DATE OF PRONOUNCEMENT 12-02-2020 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009-10, ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-09 KOLKATAS O RDER DATED 06.06.2019 PASSED IN CASE NO.33/CIT(A)-9/WD-31(3)2015-16/KOL, INVOLV ING PROCEEDINGS U/S. 147 R.W.S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE A CT. HEARD SHRI S.L. KOCHAR, REPRESENTING ASSESSEE AND S HRI JAYANTA KHANRA, SENIOR DEPARTMENTAL REPRESENTATIVE APPEARING AT THE REVENU ES BEHEST. CASE FILE PERUSED. 2. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE ASSESSEES SOLE GRIEVANCE CANVASSED IN THE INSTANT LIS CHALLENGE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION DISALLOWING PURCHASES OF 1,62,536/- SINCE INVOLVING BOGUS INVOICES FROM MAHARASHTRA BASED SUPPLIERS. LEARNED DEPARTMENTAL R EPRESENTATIVE EMPHASISES THAT THE DGIT (INV.), RECEIVED INFORMATION FROM SALES TAX DE PARTMENT, GOVT. OF MAHARASHTRA ITA NO.1827/KOL/2019 A.Y.2009-10 FENIL SUBHASH SHAH VS. ITO WD-31(3), KO L PA GE 2 HIGHLIGHTING THE IMPUGNED FAKE INVOICES SCAM. THE A SSESSEE ON THE OTHER HAND VEHEMENTLY PLEADS THAT THE CORRESPONDING SALES OUT OF THE CONCERNED PURCHASES ALREADY STAND ACCEPTED IN THE ASSESSMENT ITSELF. LEARNED CO UNSEL FAILS THAT MERELY BECAUSE SALES ARE ACCEPTED, IT DOES NOT AMOUNT TO PROVING G ENUINENESS OF THE PURCHASES IN ISSUE. THIS TRIBUNALS CO-ORDINATE BENCHS IN DEEPAK RAMCHAND TECKWANI VS. INCOME TAX OFFICER, WARD-2(1), KALYAN ITA NO.3029/MUM/2017 DECIDED ON 19.09.2018 ALSO HOLDS IN THE VERY FAKE INVOICES SCAM THAT ONLY GROSS PROFIT @ 12.5% HAS TO BE ADDED IN CASE OF THE ALLEGED FAKE INVOICES. I THERE FORE FOLLOW SUIT AND DIRECT THE ASSESSING OFFICER TO RESTRICT THE IMPUGNED ADDITION OF 1,62,536/- TO THAT @ 12.5% ONLY. NECESSARY COMPUTATION SHALL FOLLOW AS PER LAW . LEARNED COUNSEL IS FAIR ENOUGH IN NOT PRESSING FOR ASSESSEES FORMER GRIEVANCE CHALLENGING VALIDITY OF RE-OPENING. 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS . ORDER PRONOUNCED IN OPEN COURT ON 12/02/2020 SD/- (S.S. GODARA) JUD ICIAL MEMBER KOLKATA, *DKP/SR.PS - 12/02/2020 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-FENIL SUBHASH SHAH C/O SIMPLEX ENGG. CO. , MARSHALL HOUSE ROOM NO.322 3 RD FLOOR, 33/1, N.S.ROAD, KOLKATA-700 001 2. /RESPONDENT-ITO WARD-31(3), 10B, MIDDLETON ROW, KOL KATA-700 016 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',