Pneumatic Tools Enterprise, Kolkata V. I.T.O.,Ward-44(4), Kolkata

ITA 2635/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8509 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 24-12-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Accommodation entries
• Section: 250; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER) [VIRTUAL COURT HEARING] ITA NO. 2635/KOL/2019 ASSESSMENT YEARS: 2011-12 PNEUMATIC TOOLS ENTERPRISE........................................APPELLANT 83/1, MADAN MOHAN BURMAN STREET KOLKATA 700 007 [PAN : AADFP 9608 C] VS. INCOME TAX OFFICER, WARD-44(4), KOLKATA..................RESPONDENT APPEARANCES BY: NONE APPEARED ON BEHALF OF THE ASSESSEE. SHRI JAYANTA KHANRA, JCIT, D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 13 TH , 2020 DATE OF PRONOUNCING THE ORDER : JULY 13 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 13, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 28/08/2019 FOR THE ASSESSMENT YEAR 2011-12. 2. AT THE OUTSET WE FIND THAT THERE IS A DELAY OF 32 (THIRTY TWO) DAYS IN FILING OF THIS APPEAL BY THE ASSESSEE. THERE IS NO PETITION FOR CONDONATION. THE LD. D/R DID NOT RAISE ANY OBJECTION TO THIS EFFECT. HENCE THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS NO APPLICATION FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES, WE DISPOSE OFF THE CASE EX-PARTE ON MERITS QUA THE ASSESSEE AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE. 4. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THE DISALLOWANCE OF EXPENDITURE ON PURCHASE OF GOODS AS BOGUS ACCOMMODATION ENTRIES. AFTER HEARING THE LD. D/R, I AM OF THE CONSIDERED OPINION THAT AS THE SALES ARE NOT DOUBTED AND AS THERE CAN BE NO SALES WITHOUT PURCHASES, I AM OF THE VIEW THAT 15% GP ON THE UNVERIFIED PURCHASES WOULD MEET THE ENDS OF JUSTICE. THUS, THE ADDITION IS RESTRICTED TO RS.72,345/-. THE ASSESSEE GETS RELIEF OF RS.4,09,955/-. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED KOLKATA, THE DATED : 13.07.2020 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. PNEUMATIC TOOLS ENTERPRISE 83/1, MADAN MOHAN BURMAN STREET KOLKATA 700 007 2. INCOME TAX OFFICER, WARD- 44(4), 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 2 IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART. KOLKATA, THE 13 TH DAY OF JULY, 2020. SD/- [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER PNEUMATIC TOOLS ENTERPRISE 83/1, MADAN MOHAN BURMAN STREET 44(4), KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES ITA NO. 2635/KOL/2019 ASSESSMENT YEARS: 2011-12 PNEUMATIC TOOLS ENTERPRISE TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES