SH. MAQBOOL HASAN MOHD NAZIM KHAN, THANE V. ITO WD 1(2), KALYAN

ITA 4001/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4584 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 14-01-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 02-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V S JADHAVDR
• Keywords: Additional evidence

Judgement Text

, - , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI , ! ' , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, ITA NO.4001/MUM/2014 ASSESSMENT YEAR: 2006-07 SHRI MAQBOOL HASAN MOHD. NAZIM KHAN, PROP: M.H. TEXTILES, 77, SHAMIM MANZIL, NARPOLI, BHIWANDI, DIST. THANE. / VS. ITO, WARD-1(2), RANI MANSION, MURBAD ROAD, KALYAN, MAHARASHTRA-421301 / ASSESSEE / REVENUE P.A. NO. AFKPK5868F $ % & / ASSESSEE BY NONE $ % & / REVENUE BY SHRI V.S. JADHAV-DR / DATE OF HEARING 14/01/2016 & / DATE OF ORDER: 14/01/2016 & / O R D E R THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 21/02/2014 OF THE LD. FIRST APPELLATE AUTHORI TY, MUMBAI, CHALLENGING THE ADDITION OF RS.2,50,014/-, BEING THE DIFFERENCE IN SALES, SHOWN BY THE ASSESSEE TO M /S SAHIL ITA NO.4001/MUM/2015 MAQBOOL HASAN MOHD. NAZIM KHAN 2 FABRICS AND OTHER RELATED CONCERNS AND SALES SHOWN BY THOSE PARTIES IN THEIR BOOKS OF ACCOUNTS WHICH WERE NOT RECONCILED BY THE ASSESSEE AND TREATING THE SAME AS SUPPRESSION OF SALES. 2. DURING HEARING OF THIS APPEAL, NOBODY WAS PRESENT FOR THE ASSESSEE, IN SPITE OF ISSUANCE OF R PAD NOTICE DATED 31/12/2015, SENT TO THE ASSESSEE AT TH E ADDRESS GIVEN IN COLUMN NO. 10 (FORM NO.36), SIGNED BY THE ASSESSEE. THE ASSESSEE NEITHER PRESENTED HIMSELF NO R MOVED ANY ADJOURNMENT PETITION, THEREFORE, I HAVE N O OPTION BUT TO PROCEED EX-PARTE QUA THE ASSESSEE, AN D TEND TO DISPOSE OF THIS APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. THE LD. DR, SHRI V.S. JADHAV, DEFENDED T HE CONCLUSION ARRIVED AT IN THE IMPUGNED ORDER. 2.1. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE FACTS , IN BRIEF, ARE THAT THE ASSESSEE AT THE RELEVANT TIME WAS ENGA GED IN THE BUSINESS OF MANUFACTURING OF GREY CLOTH UNDER T HE NAME AND STYLE OF M.H. TEXTILES, DECLARED INCOME OF RS.2,63,696/- AND AGRICULTURAL INCOME OF RS.10,000/ - IN HIS RETURN, ACCOMPANIED BY STATEMENT OF COMPUTATION OF INCOME, AUDIT REPORT U/S 44AB IN FORM NO.3CB AND 3C D, MANUFACTURING AND TRADING ACCOUNT, PROFIT & LOSS AC COUNT, BALANCE SHEET, CAPITAL ACCOUNT AND OTHER DETAILS, FILED ON 31/10/2006. THE LD. ASSESSING OFFICER EXAMINED THE PROFIT (GP & NP) OF FOR THE LAST TWO YEARS, AS HAS BEEN ME NTIONED ITA NO.4001/MUM/2015 MAQBOOL HASAN MOHD. NAZIM KHAN 3 AT PAGE 2 OF THE ASSESSMENT ORDER. M/S SAHIL FABRI CS, VIDE LETTER DATED 29/08/2008, IT IS NOTED THAT THE LD. A SSESSING OFFICER HAS EXAMINED THE ISSUE IN DETAIL WITH RESPE CT TO NON-RECONCILEMENT OF PURCHASES/SALE. ON APPEAL, BE FORE THE LD. COMMISSIONER OF INCOME TAX (APPEALS), VARIO US COPIES OF BILLS WERE FILED IN THE FORM OF ADDITIONA L EVIDENCE BY THE ASSESSEE. THE LD.AO WAS ASKED TO FILE REMAN D REPORT, WHICH WAS FILED ON 07/06/2012, WHICH HAS BE EN REPRODUCED AT PAGE 4 ONWARDS OF THE ORDER OF THE LD . FIRST APPELLATE AUTHORITY. AFTER EXAMINING THE REMAND REP ORT, FILED BY THE ASSESSING OFFICER, AND THE SUBMISSIONS/EVIDENCES OF THE ASSESSEE, SO FAR AS, T HE DIFFERENCE IN AMOUNT WITH M/S MUNDHARA FABRICS IS CONCERNED, THE ASSESSING OFFICER, ON VERIFICATION O F THE BILLS, ACCEPTED THE CLAIM OF THE ASSESSEE. HOWEVER, WITH R ESPECT TO THE IMPUGNED AMOUNT, ON ACCOUNT OF M/S SAHIL FAB RICS, IS CONCERNED, THE SAME REMAINED UN-CONCILED EVEN AF TER CONSIDERING THE ADDITIONAL EVIDENCE FILED BY THE AS SESSEE. THE ASSESSEE SHOWED LESS SALES AMOUNTING TO RS.2,50,014/- AS COMPARE TO THE SALES ACTUALLY MADE AND ADMITTED BY THE GROUP, THUS, IN THE ABSENCE OF ANY PLAUSIBLE EXPLANATION, I FIND NO INFIRMITY IN THE C ONCLUSION ARRIVED AT IN THE IMPUGNED ORDER, CONSEQUENTLY, THE APPEAL OF THE ASSESSEE IS HAVING NO MERIT, THEREFORE, DISM ISSED. FINALLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. ITA NO.4001/MUM/2015 MAQBOOL HASAN MOHD. NAZIM KHAN 4 THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. DR AT THE CONCLUSION OF THE HEARING ON 14/01/2016. SD/- (JOGINDER SINGH) ! ' / JUDICIAL MEMBER MUMBAI; DATED : 14/01/2016 F{X~{T? P.S / ! & $ )!*+ ,&+-* / COPY OF THE ORDER FORWARDED TO : 1. '#$%& / THE APPELLANT 2. '(%& / THE RESPONDENT. 3. ) ) * ( '#$ ) / THE CIT, MUMBAI. 4. ) ) * / CIT(A)- , MUMBAI 5. -./ ' , ) '#$ ' 1 , / DR, ITAT, MUMBAI 6. /2 3$ / GUARD FILE. & / BY ORDER, (-# ' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI