DCIT - 10 (3)(1), MUMBAI V. M/S PLATINUM ORGANICS LTD, MUMBAI

ITA 3606/MUM/2019

• Counselvise Citation: [2020] 108 COUNSELVISE.COM (IT) 8961 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 27-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Bogus purchase

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.3606/M/2019 ASSESSMENT YEAR: 2009-10 DCIT 10(3)(1), 2 ND FLOOR, ROOM NO.212, AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE, MUMBAI - 400020 VS. M/S. PLATINUM ORGANICS LTD., A-2, VIDYA VILLA, OLD NAGARDAS CROSS ROAD, ANDHERI (EAST), MUMBAI - 20 PAN: AAACJ9195N (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : NONE REVENUE BY : MS. SHREEKALA PARDESHI, D.R. DATE OF HEARING : 02.11.2020 DATE OF PRONOUNCEMENT : 14.12.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ORDER DATED 28.03.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET WE WOULD LIKE TO MENTION THAT NEITHER ASSESSEE NOR HIS AUTHORIZED REPRESENTATIVE APPEARED TO ATTEND THE HEARING. HENCE, AFTER HEARING THE LD. D.R. AND GOING THROUGH THE MATERIAL AVAILABLE ON RECORDS, WE DECIDE THIS APPEAL EX-PARTE. ITA NO.3606/M/2019 M/S. PLATINUM ORGANICS LTD. 2 3. THE ONLY ISSUE RAISED BY THE REVENUE IN VARIOUS GROUNDS OF APPEAL IS AGAINST THE ORDER OF LD. CIT(A) RESTRICTING THE ADDITION ON ACCOUNT OF BOGUS PURCHASES TO 25% OF THE BOGUS PURCHASES AS AGAINST THE 100% ADDITION MADE BY THE AO. AT THE OUTSET, WE OBSERVE THAT THE LD. CIT(A) HAS PASSED EX-PARTE ORDER AS THE ASSESSEE HAS FAILED TO ATTEND THE APPELLATE PROCEEDINGS DESPITE VARIOUS OPPORTUNITIES ALLOWED BY THE LD. CIT(A). THEREFORE WE ARE OF THE VIEW THAT THE ASSESSEE DESERVES TO BE GIVEN ONE MORE OPPORTUNITY TO PRESENT HIS CASE BEFORE THE LD. CIT(A). ACCORDINGLY WE SEND THE APPEAL BACK TO THE LD. CIT(A) TO DECIDE THE SAME AFTER AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE WHICH WOULD MEET THE ENDS OF JUSTICE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14.12.2020. SD/- SD/- (MAHAVIR SINGH) (RAJESH KUMAR) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED: 14.12.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.