ITO 21 (3)(5), Mumbai V. SHRI. VISHNU R DWIVEDI , Mumbai

ITA 4309/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1038 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 21-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI LD
• Keywords: Bogus purchase
• Section: 143(3)

Judgement Text

ITA NO.4309/MUM/2019 SHRI VISHNU R.DWIVEDI ASSESSMENT YEAR: 2009-10 1 - IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , , BEFORE HONBLE SHRI AMARJIT SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.4309/MUM/2019 ( / ASSESSMENT YEAR: 2009-10) ITO - 21(3)(5) 117, 1 ST FLOOR, PIRAMAL CHAMBERS LALBAUG, MUMBAI - 400012 / VS. SHRI VISHNU R.D WIVEDI 92/1, BDD CHAWL WORLI, MUMBAI - 400018 '# ./ ./PAN/GIR NO. AACPD-7853-L ( ! #% /APPELLANT ) : ( &'#% / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI SANJAY J. SETHI LD. DR / DATE OF HEARING : 21/12/2020 / DATE OF PRONOUNCEMENT : 21/12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR (AY) 2009-10 CONTESTS THE ORDER OF LEARNED COMMISSIONER OF INCOM E TAX (APPEALS)-33, MUMBAI, ORDER DATED 22/04/2019 WHICH HAS REDUCED TH E ESTIMATION ON ACCOUNT OF ALLEGED BOGUS PURCHASES TO THE EXTENT OF 30%. 2. THOUGH NONE APPEARED FOR ASSESSEE BUT THE MATERI AL ON RECORD WAS SUFFICIENT FOR DISPOSAL OF THE APPEAL. THE LD. DR PLEADED FOR RESTORATION OF ASSESSMENT FRAMED BY LD. AO. ITA NO.4309/MUM/2019 SHRI VISHNU R.DWIVEDI ASSESSMENT YEAR: 2009-10 2 3. WE FIND THAT AN ASSESSMENT WAS FRAMED AGAINST TH E ASSESSEE FOR THE YEAR UNDER CONSIDERATION U/S 143(3) R.W.S. 147 ON 10/02/2015 WHEREIN THE ASSESSEE WAS SADDLED WITH IMPUGNED ADDI TIONS OF RS.6.85 LACS BEING ALLEGED BOGUS PURCHASES STATED TO BE MADE FROM M/S SHRITI ENTERPRISES WHICH WAS FLAGGED AS TAINTED SUPPLIER BY THE SALES TAX DEPARTMENT, MAHARASHTRA. THE ASSESSEE IS STATED TO BE ENGAGED AS CIVIL AND MAINTENANCE CONTRACTOR. IN RESPONSE TO NOTICE U /S 133(6), THE SUPPLIER DENIED HAVING MADE SUPPLIES TO THE ASSESSE E. THE ASSESSEE CONTROVERTED THE SAME BY SUBMITTING THAT PAYMENT TO THE SAID SUPPLIER WAS MADE THROUGH BANKING CHANNELS. THE NECESSARY EV IDENCES OF PURCHASE WERE ALSO PRODUCED. HOWEVER, REJECTING THE SAME, THE PURCHASES WERE DISALLOWED AND ADDED BACK TO THE INC OME OF THE ASSESSEE. 4. THE LD. CIT(A) FOUND THAT THE PAYMENT WAS, IN FA CT, MADE THROUGH BANKING CHANNELS AND THE PURCHASES WERE SUPPORTED B Y THE INVOICES. THEREFORE, IT WOULD BE FAIR AND REASONABLE TO ESTIM ATE THE ADDITIONS @30% OF THESE PURCHASES. AGGRIEVED, THE REVENUE IS IN FURTHER APPEAL BEFORE US. 5. WE FIND THAT THERE IS NO INFIRMITY IN THE APPROA CH OF LD. CIT(A). THE PAYMENTS TO THE SUPPLIERS WERE THROUGH BANKING CHAN NELS AND THE PURCHASES WERE SUPPORTED BY INVOICES. THEREFORE, TH E ESTIMATION OF 30% ON UNPROVED PURCHASES COULD NOT BE SAID TO BE UNFAI R, IN ANY MANNER. 6. THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED ON 21 ST DECEMBER, 2020 SD/- SD/- (AMARJIT SINGH) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER ITA NO.4309/MUM/2019 SHRI VISHNU R.DWIVEDI ASSESSMENT YEAR: 2009-10 3 MUMBAI; DATED : 21/12/2020 S R.PS, JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ! #% / THE APPELLANT 2. &'#% / THE RESPONDENT 3. - ( ! ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./ &0 , ! 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.