PRABHULAL DOSHI, MUMBAI V. ITO 19(2)(5), MUMBAI

ITA 3501/MUM/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0173 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 18-07-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 12-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V JANARDHANAN
• Assessee Lawyers: GAUTAM SALECHA
• Keywords: Bogus purchase

Judgement Text

, SMC , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO.3501/MUM/2017 : ASST.YEAR 2011-2012 SHRI PRABHULAL DOSHI SHOP NO.17-A, DURGADEVI UDYAN 1 ST KUMBHARWADA, BHANDARI STREET MUMBAI 400 004. PAN : ADWPD9204C. / VS. THE INCOME TAX OFFICER WARD 19(2)(5) MUMBAI. ( / APPELLANT) ( / RESPONDENT) /APPELLANT BY : SHRI GAUTAM SALECHA /RESPONDENT BY : SHRI V.JANARDHANAN (SR.DR) / DATE OF HEARING : 28.06.2017 / DATE OF PRONOUNCEMENT : 03.07.2017 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT (APPEALS) DATED 09.02.2017 AND PERTAINS TO ASSESSMENT YEAR 2011- 2012. 2. IN THIS APPEAL, THE ASSESSEE IS AGGRIEVED BY THE CONFIRMATION OF 6.5% OUT OF BOGUS PURCHASES. 3. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. THE LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT HE WILL BE AGREEING TO THE ORDER OF LEARNED CIT(A). THE LEARNED DEPARTMENTAL REPRESENTATIVE REFERRED TO THE DECISION OF HONBLE GUJARAT HIGH COURT IN THE CASE OF N.K.INDUSTRY V. DCIT [IT APPEAL NO.240 OF 2003 DATED 20.06.2016] WHEREIN THE HONBLE GUJARAT HIGH COURT HAD HELD THAT 100% OUT OF BOGUS PURCHASES SHOULD BE ADDED INSTEAD ITA NO.3501/MUM/2017. SHRI PRABHULAL DOSHI. 2 OF 25% ALLOWED BY THE ITAT. THE SPECIAL LEAVE PETITION AGAINST THIS ORDER HAS BEEN DISMISSED BY THE HONBLE APEX COURT BY ORDER DATED 16.01.2017. 4. FURTHER, I FIND THAT REVENUE IS NOT IN APPEAL AND THIS IS AN APPEAL BY THE ASSESSEE, HENCE WE CANNOT DEPRIVE THE ASSESSEE OF THE BENEFIT ALREADY GRANTED BY THE LEARNED CIT(A) AT 6.5% OF THE BOGUS PURCHASES. ACCORDINGLY, I CONFIRM THE ORDER OF THE LEARNED CIT(A). 5. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED ON THIS 03 RD DAY OF JULY, 2017. SD/- ( SHAMIM YAHYA ) ACCOUNTANT MEMBER MUMBAI; DATED : 03 RD JULY, 2017. DEVDAS* / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A), MUMBAI 5. , , / DR, ITAT, MUMBAI 6. [ / GUARD FILE.