M/S New Motors Stores, Ranchi V. ITO,Ward-2(1), Dhanbad

ITA 233/RAN/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0254 (ITAT-RANCHI)
• Duration Of Justice: 7 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: CIRCULAR ROAD DHANBAD
• Section: 43B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC RANCHI BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.233/RAN/2019 ASSESSMENT YEAR:2007-08 M/S NEW MOTORS STORES C/O D.P. PAUL (FCA), 718/A NABIN MITRA ROAD, NR. SAMSUNG PLAZA, BURDWAN COMPOUND, LALPUR, RANCHI- 834001 [ PAN NO.AABFN 3916 F ] / V/S . INCOME TAX OFFICER, WARD-2(1), NR. CENTRE POINT, LUBY CIRCULAR ROAD, DHANBAD- 826001 /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SMT. NISHA ORAON SINGHMARR, JCIT-DR /DATE OF HEARING 06-03-2020 /DATE OF PRONOUNCEMENT 06-03-2020 /O R D E R (ORAL) THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2007-08 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-DHANBADS ORDE R DATED 25-04-2019 PASSED IN CASE NO.88/DHN/09-10, INVOLVING PROCEEDINGS U/S. 14 3(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT THE ASSESSEES B EHEST. THE REGISTRY HAS ALREADY SENT AN RPAD NOTICE DATED 02.11.2019. IT IS ACCORDINGLY PROCEEDED EX PARTE. THE CASE IS NOW TAKEN UP FOR ADJUDICATION ON MERITS. 2. THE ASSESSEES VARIOUS SUBSTANTIVE GROUNDS RAISE D IN THE INSTANT LIS PLEADS BOTH THE LOWER AUTHORITIES DISALLOWING / ADDING VAT, MA T, STOCK VALUATION, TOTAL TRANSACTIONS IN IMPOUNDED PERSONAL DIARY, LOOSE PAP ER (UNDER TWO HEADS) AND ITA NO.233/RAN/2019 A.Y. 2007-08 M/S NEW MOTORS STORES VS. ITO WD-2(1) DHN PAGE 2 COMMISSION PAID TO / TRAVEL INVOLVING SUM OF 6220, 16,741/- 28,112, 6,51,244/-, 7,51,679/- AND 47,342/-; RESPECTIVELY DURING THE COURSE OF ASSESSM ENT AS UPHELD IN LOWER APPELLATE PROCEEDINGS. WITH THE ABLE ASSISTAN CE OF LEARNED CIT-DR AND ON PERUSING THE CASE FILE, I NOTICE THAT BOTH THE LOWE R AUTHORITIES HAVE INVOKED SEC. 43B OF THE ACT QUA THE FIRST ISSUE OF OUTSTANDING VAT THEY HAVE GONE BY MRP PRICE REGARDING STOCK ADDITION UNDER SECTION. 3. NEXT THREE ADDITION(S) ARE BASED ON MATERIAL IMP OUNDED DURING THE COURSE OF SURVEY MARKED AS BKS-1, BKS-2 & BKS-5; RESPECTIVELY . THE ASSESSEE HAS FAILED TO THE SAID DISCREPANCY BY WAY OF COGENT EVIDENCE. I A FFIRM THE CIT(A)S ACTION ON ALL THESE GROUNDS IN THE GIVEN FACTS AND CIRCUMSTANCES THEREFORE. 4. THIS ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF HEAR ING ON FRIDAY , 6 TH MARCH, 2020 SD/- ( #) (S.S. GODARA) JUDICIAL MEMBE R *DKP/SR.PS % - 06/03/2020 / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT-M/S NEW MOTORS STORE C/O D.P.PAUL,(FCA ), 718/A NABIN MITRA RD. NR . SAMSUNG PLAZA, BURDWAN COMPOUND, LALPUR RANCHI-83400 1 2. /RESPONDENT-ITO, WARD-2(1), NR. CENTRE POINT, LUBY CIRCULAR ROAD, DHANBAD-826001 3. ) , / CONCERNED CIT 4. , - / CIT (A) 5. - ) , ) / DR, ITAT, RANCHI 6. 1 / GUARD FILE. BY ORDER/ , SR. PRIVATE SECRETARY/P.S (ON TOUR) ),