SHRI SURENDRA KUMAR BILALA, Jaipur V. ACIT, Jaipur

ITA 269/JPR/2012

• Counselvise Citation: 26923114 RSA 2012
• Duration Of Justice: 2 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 21-03-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AJAY MALIK CIT DHK
• Assessee Lawyers: H M SINGHVI

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH VH-VKJ-EHUK] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI T.R. MEENA, AM VK;DJ VIHY LA-@ ITA NO. 269/JP/2012 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08 SHRI SURENDRA KUMAR BILALA 5, BILALA GARDEN, OLD AMER ROAD, JAIPUR CUKE VS. THE ACIT CIRCLE- 5 JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: ADJPB 4682 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI H.M. SINGHVI, C.A. JKTLO DH VKSJ LS@ REVENUE BY : SHRI AJAY MALIK, ADDL. CIT LQUOKBZ DH RKJH[K@ DATE OF HEARING : 25/11/2014 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 16 /01/2015 VKNS'K@ ORDER PER R.P. TOLANI, JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER OF THE LD. CIT(A)-II, JAIPUR DATED 12-12-2011 FOR THE ASSESSME NT YEAR 2007-08 WHEREIN THE SOLITARY GROUND OF THE ASSESSEE IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE TRADING ADDITION OF RS. 1,82,963 WHI CH SHOULD BE DELETED. 2 2.1 DURING THE COURSE OF HEARING, THE LD. AR FAIRLY CONCEDED THAT THE ISSUE IN QUESTION IS COVERED BY THE ITAT JAIPUR BEN CH CONSOLIDATED ORDER IN THE CASE OF SHRI ANUJ KUMAR VARSHNEY AND OTHERS (ITA NO. 187/JP/2012 DATED 22-10-2014 WHEREIN THE ADDITION I N RESPECT OF UNVERIFIABLE PURCHASES HAS BEEN HELD TO BE @ 15% OF SUCH PURCHASES. IN ASSESSEE'S CASE THE AMOUNT OF UNVERIFIABLE PURCHASE S IS RS. 7,31,855/-. ACCORDINGLY THE WORKING OF THE DISALLOWANCE IS AS U NDER:- AMOUNT RETAINED BY THE LD. CIT(A) RS. 1,82,963/- LESS 15% OF THE AMOUNT RS. 1,09,778/- RELIEF RS. 73,185/- 2.2 THE LD. DR IS HEARD ON THIS ISSUE 2.3 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. FOLLOWING OUR OWN ORDER IN THE CASE OF SHRI ANUJ KUMAR VARSHNEY VS. ITO (SUPRA), THE ADDITION TO BE RETAINED IN THE CASE OF THE ASSESSEE IS AT RS. 1,09,778/-. THUS THE APPE AL OF THE ASSESSEE IS PARTLY ALLOWED. 3 3.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PA RTLY ALLOWED ORDER PRONOUNCED IN THE OPEN COURT ON 16/01/2 015. SD/- SD/- VH-VKJ-EHUK VKJ-IH-RKSYKUH (T.R. MEENA) (R.P.TOLANI) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 16 TH JANUARY, 2015 *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI SURENDRA KUMAR BILALA, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ACIT, CIRCLE- 5, JAIPUR . 3. VK;DJ VK;QDRVIHY@ THE CIT(A). 4. VK;DJ VK;QDR@ CIT, JAIPUR 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.269/JP/2012) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR