YUSUF H. DEESAWALA, MUMBAI V. ITO 17(3)(5), MUMBAI

ITA 2028/MUM/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0605 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 22-03-2017
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR
• Keywords: Bogus purchase

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER ITA NO. 2028 /MUM/201 7 TO 2029/MUM/2017 (ASSESSMENT YEAR: 2009 - 10 & 2011 - 12 ) MR. YUSUF H DEESAWALA 1206 STERLING TOWER, NESBIT ROAD NEAR MAZGAON COURT MUMBAI 400 010 PAN: AEMPD3916J . APPELLANT V/S ITO 17(3)(5), MUMBAI . RESPONDENT ITA NO.2030/MUM/2017 (ASSESSMENT YEAR: 2010 - 11) MR. SAIFUDDIN H. DEESAWALA 501 C - 1, SARKAR RESIDENCY DR. MASCARENHAS ROAD MAZGAON, MUMBAI 400 010 PAN: AEZPD8632A . APPELLANT V/S ITO 18(3)(2), MUMBAI . RESPONDENT ASSESSEE BY : SHRI. VIMAL PUNMIYA REVENUE BY : SHRI. SUMIT KUMAR DATE OF HEARING 30 . 05 . 2017 DATE OF ORDER - 01 .0 6 .2017 O R D E R PER: SHAMIM YAHYA THESE ARE THE APPEALS FILED BY TWO ASSESSEES WHEREIN ASSESSEES ARE AGGRIEVED BY FOLLOWING ADDITIONS ON ACCOUNT OF BOGUS PURCHASES. ITA NO. 2028 & 2029/MUM/2017 MR. YUSUF H DEESAWALA ITA NO.2030/MUM/2017 MR. SAIFUDDINBHAI H DEESAWALA 2 ITA NO. PERCENTAGE AMOUNT (RS.) 2028/MUM/2017 5% OF 1,64,05,764 8,20,288.00 2029/MUM/2017 12.5% OF 1,49,47,158 18,68,394.0 0 2030/MUM/2017 12.5% OF 1,56,79,723 19,59,965.00 2. SINCE HE APPEALS WERE HEARD TOGETHER AND ISSUES ARE COMMON THESE ARE BEING CONSOLIDATED AND DISPOSED OF TOGETHER. 3. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. I FIND THAT LEARNED CIT - A IN THIS CASE HAS SUSTAINED PART L Y ADDITI ON ON ACCOUNT OF BOGUS PURCHASE S. 4. AT THE OUTSET IN THIS CASE LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT HE IS SATISFIED WITH THE ADDITIONS SUSTAINED BY THE LEARNED CIT - A. THAT HE DOESN'T WISH TO PURSUE THE APPEAL. PER CONTRA LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT IN SOME OF THE RECENT APPEALS HUNDRED PERCENT DISALLOWANCE OF BOGUS PURCHASES HAS BEEN UPHELD BY HONOURABLE HIGH COURTS, AND SPE CIAL LEAVE PETITION AGAINST WHICH HAVE BEEN DISMISSED BY HONOURABLE APEX COURT. 5. UPON CAREFUL CONSIDERATION , I FIND THAT THESE ARE APPEALS BY THE ASSESSEE. HENCE IF THE LEARNED COUNSEL OF THE ASSESSEE IS NOT AG G RIEVED ITA NO. 2028 & 2029/MUM/2017 MR. YUSUF H DEESAWALA ITA NO.2030/MUM/2017 MR. SAIFUDDINBHAI H DEESAWALA 3 BY THE ORDER OF LEARNED CIT - A, THE MATTER NEEDS NO FURTHER ADJUDICATION. ACCORDINGLY I CONFIRM THE ORDER OF LEARNED CIT - A. 6. IN THE RESULT THESE APPEALS FILED BY THE ASSESSEE STANDS DISMISSED ORDER PRONOUNCED IN THE OPEN COURT ON 0 1 .0 6 .2017 S D / - SHAMIM YAHYA ACCOUNTANT MEMBER MUMBAI, DATED: 0 1 .0 6 .2017 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE. BY ORDER KARUNA SR. PRIVATE SECRETARY (DY./ASSTT.REGISTRAR) ITAT, MUMBAI