S.G.IMPEX, Jaipur V. ITO, Jaipur

ITA 29/JPR/2014

• Counselvise Citation: 2923114 RSA 2014
• Duration Of Justice: 2 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 10-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA JCIT DR DHK
• Section: 234B

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JUDICIAL MEMBER VK;DJ VIHY LA-@ ITA NO. 29/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 M/S. S.G. IMPEX 304, ANAND CHAMBER, INDIRA BAZAR, JAIPUR CUKE VS. THE ITO WARD- 1(2) JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAMFS 2687 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY :SHRI MAHENDRA GARGIEYA, ADVOCATE JKTLO DH VKSJ LS@ REVENUE BY :SHRI RAJ MEHRA, JCIT-. DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 03/12/2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 14/12/2015 VKNS'K@ ORDER PER R.P. TOLANI, JM THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A), AJMER DATED 21-11-2013 FOR THE ASSESSMENT YEAR 2008 -09. 2.1 DURING THE COURSE OF HEARING, THE LD. AR OF THE ASSESSEE HAS NOT PRESSED GROUND NO. 1 WHICH IS DISMISSED BEING NOT P RESSED. 2.2 GROUND NO. 4 OF THE ASSESSEE IS REGARDING CHARG ING OF INTEREST U/S 234B AND 234C OF THE ACT WHICH IS CONSEQUENTIAL IN NATURE. HENCE, THE SAME IS DISMISSED. ITA NO. 29//JP/2014 M/S. S.G.IMPEX VS. ITO, WARD- 1(2), JAIPUR . 2 2.3 THE GROUND NO. 2 OF THE ASSESSEE PERTAINS TO UN VERIFIABLE PURCHASES OF RS. 1.25 LACS. THE AO APPLIED THE GROS S PROFIT RATE OF 19.50% AS AGAINST GROSS PROFIT RATE OF 14.25% DECLA RED BY THE ASSESSEE THEREBY MAKING THE ADDITION OF RS. 5,61,647/- THE L D. CIT(A) PARTLY CONFIRMED THE TRADING ADDITION TO RS. 1.25 LACS 2.4 APROPOS GROUND NO. 2, RESPECTFULLY FOLLOWING TH E DECISION OF ITAT JAIPUR BENCH IN THE CASE OF ANUJ KUMAR VARSHNE Y VS. ITO AND OTHERS (ITA NO. 187/JP/2012 DATED 27-10-2014) WHER EIN DISALLOWANCE IS TO BE MADE @ 15% ON UNVERIFIABLE PURCHASES. SINCE I TAT DOES NOT HAVE POWER OF ENHANCEMENT OF TRADING ADDITION, THEREFORE , THE ADDITION RETAINED BY THE LD. CIT(A) TO THE TUNE OF RS. 1.25 LACS IS U PHELD. THUS GROUND NO. 2 OF THE ASSESSEE IS DISMISSED. 2.5 THE GROUND NO. 3 OF THE ASSESSEE AGITATES THAT THE LD. CIT(A) ERRED IN CONFIRMING DISALLOWANCE (20% OF RS. 1,75,147/-) OF RS. 35,209/- ON ACCOUNT OF TELEPHONE AND VEHICLE EXPENSES AS AGAIN ST CLAIM OF RS. 1,75,147/- MADE BY THE ASSESSEE. AFTER HEARING BOTH THE PARTIES, I AM OF THE VIEW THAT PERSONAL USAGE OF TELEPHONE AND VEHIC LE IS NOT RULED OUT THEREFORE, DISALLOWANCE SUSTAINED BY THE LD. CIT(A) IS UPHELD. ITA NO. 29//JP/2014 M/S. S.G.IMPEX VS. ITO, WARD- 1(2), JAIPUR . 3 3.0 IN THE RESULT, ASSESSEE'S APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 /12/201 5 SD/- VKJ-IH-RKSYKUH (R.P.TOLANI) U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 14 /12/ 2015 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- M/S. S.G. IMPEX, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD- 1(2), JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 29/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR