ACIT 9(1), MUMBAI V. ANUPAM STATIONAERY LTD, MUMBAI

ITA 4063/MUM/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3522 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 04-07-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 04-06-2014
• Court: TRIBUNAL
• Keywords: Bogus purchase; Retrospective amendment; Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, A MUMBAI , . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER ITA NO.4063/MUM/2014 ASSESSMENT YEAR: 2010-11 ACIT, RANGE-9(1), R. NO.223, AAYAKARN BHAVAN, M.K. ROAD, MUMBAI-400020 / VS. M/S ANUPAM STATIONARY LTD. 39, KOTKAR INDUSTRIAL ESTATE, VISHWESHWAR ROAD, OFF AAREY ROAD, GOREGAON (E), MUMBAI-400050 ( ' / REVENUE) ( #$% & /ASSESSEE) PAN. NO. AACCA6451E ' '( ) & * / DATE OF HEARING : 04/07/2016 ) & * / DATE OF ORDER: 04/07/2016 ' ! / REVENUE BY SHRI A. RAMCHANDRAN #$% & ! / ASSESSEE BY NONE ITA NO.4063/MUM/2014 M/S ANUPAM STATIONARY LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 10/03/2014 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, DELETING THE ADDITION OF RS.14,68,750/-, ON ACCOUNT OF BOGUS PURCHASES MADE BY THE ASSESSEE FROM VARIOUS PARTIES , WITHOUT APPRECIATING THAT THE ASSESSEE HAS FAILED TO ESTABL ISH THE GENUINENESS OF THE PURCHASES. 2. DURING HEARING OF THIS APPEAL, AT THE OUTSET, N ONE WAS PRESENT FOR THE ASSESSEE, IN SPITE OF ISSUANCE OF REGISTERED AD NOTICE. THE ASSESSEE NEITHER PRESENTED ITSELF NO R MOVED ANY ADJOURNMENT PETITION. IT SEEMS THAT THE ASSESSEE IS NOT INTEREST TO RESPOND TO THE APPEAL OF THE REVENUE, T HEREFORE, IT CANNOT BE KEPT PENDING INDEFINITELY, CONSEQUENTLY, WE HAVE NO OPTION BUT TO PROCEED EX-PARTE, QUA THE ASSESSEE AN D TEND TO DISPOSE OF THIS APPEAL, ON THE BASIS OF MATERIAL AV AILABLE ON RECORD. IT IS NOTED THAT IN THE PRESENT APPEAL, THE TOTAL TAX EFFECT IS BELOW PRESCRIBED MONETARY LIMIT OF RS.10 LAKH FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DR, SHRI A. RAMACHANDRAN CONSENTED THAT THE TAX EFFECT IS BELOW PRESCRIBED MONITORY LIMIT. 2.1. WE HAVE CONSIDERED THE SUBMISSIONS OF LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD . IN VIEW OF THE ABOVE, IT IS NOTED THAT THE TAX EFFECT IN THE PRESENT APPE AL IS BELOW PRESCRIBED LIMIT OF RS.10 LAKH FOR FILING THE APPEA L BEFORE THE TRIBUNAL, AS CONTAINED IN CBDT INSTRUCTION NO.21 OF 2015, DATED 10/12/2015 (F NO.279/MISC./142/2007-IT(PT), ITA NO.4063/MUM/2014 M/S ANUPAM STATIONARY LTD. 3 APPLICABLE WITH RETROSPECTIVE EFFECT, WHEREIN, THE DEPARTMENT WAS ADVISED/DIRECTED BY THE BOARD NOT TO FILE APPE AL IN THE CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE FOLL OWING MONETARY LIMIT.:- SL. NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS.) 1. BEFORE ITA T 10,00,000/ - 2. U/S 260 A BEFORE HONBLE HIGH COURT 20,00,000/ - 3. BEFORE HONBLE SUPREME COURT 25,00,000/ - IN VIEW OF THE ABOVE INSTRUCTION, SINCE, THE TAX EF FECT IS LESS THAN RS.10,00,000/-, CONSEQUENTLY, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE, THEREFORE, DISMISSED. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE LD. DR AT THE CONCLUSION OF THE HEA RING ON 04/07/2016. SD/- SD/- ( JASON P. BOAZ ) (JOGINDER SINGH ) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER ' ( MUMBAI; + DATED : 04/07/2016 F{X~{T? P.S / /. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. ,-. / THE APPELLANT (RESPECTIVE ASSESSEE) 2. /0-. / THE RESPONDENT. 3. 1 1 ' 2& ( , ) / THE CIT, MUMBAI. 4. 1 1 ' 2& / CIT(A)- , MUMBAI, 5. 4'5 /&# , 1 ,* ,# 6 , ' ( / DR, ITAT, MUMBAI ITA NO.4063/MUM/2014 M/S ANUPAM STATIONARY LTD. 4 6. 7$ 8( / GUARD FILE. ! / BY ORDER, 04& /& //TRUE COPY// /! (DY./ASSTT. REGISTRAR) , ' ( / ITAT, MUMBAI