GLOBAL INDIA HOSPITALITY SERVICES P. LTD, MUMBAI V. ASST CIT 8(1), MUMBAI

ITA 4451/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2595 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2016
• Appeal Filed By: Assessee
• Bench Allotted: G
• Next Hearing Date: 13-07-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 26-06-2014
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH I.T.A. NO. 44 51 /MUM/ 20 1 4 (ASSESSMENT YEAR 200 6 - 0 7 ) M/S. GLOBAL INDIA HOSPITALITY SERVICES P. LTD. 205 - 206, MEERA - HARI NIWAS SVP NAGAR, NEAR VARSOVA TELEPHONE EXCHANGE ANDHERI (WEST) MUMBAI - 400 053. VS. ACIT - 8(1) ROOM NO. 210 2 ND FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) PAN NO . AABCP6881C ASSESSEE BY NONE DEPARTMENT BY SHRI MAURYA PRATAP DATE OF HEARING 13 . 7 . 201 6 DATE OF PRONOUNCEMENT 13 . 7 . 201 6 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER P ASS E D BY LEARNED C I T ( A ) - 16, MUMBAI AND IT RELATES TO THE ASSESSMENT YEAR 2006 - 07. NONE APPEARED ON B EHALF OF THE ASSESSEE DESPITE SERVICE OF NOTICE BY REGISTERED POST AND HE NCE WE PROCEED TO DISPOSE OF THE APPEAL EX - PA RTY, WITHOUT THE PRESENCE OF THE ASSESSEE. 2. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LEAR NE D C IT( A ) IN PARTIALLY CONFIRMING ADDI TION TO THE TUNE OF RS.26.45 LAKHS OUT OF THE ADDITION OF RS.71.17 LAKHS MADE BY THE AO . 3. WE HEARD LEARNED DR AND PERUSED THE RECORD. WE NOTICE THAT THE LEARNED CIT(A) HAS PASSED THIS ORDER IN THE SET ASIDE PROCEEDINGS CONS EQUENT TO THE ORDER PASSED BY ITAT IN ITA NO.5376/MUM/10 DATED 19.12.2012. M/S. GLOBAL INDIA HOSPITALITY SERVICE PVT. LTD. 2 4. THE ASSESSEE IS HOSPITALITY BUSINESS. T HE ASSESSEE WAS SUBJECTED TO A SURVEY OPERATION AND IT WAS FOUND THAT THE ASSESSEE HA S NOT ACCOUNTED S ALES INVOICES TO THE TUNE OF RS. 71. 17 LAKHS. THE ASSES SING OFFICER ADDED THE ENTIRE AMOUNT TO THE TOTAL INCOME OF THE ASSESSEE. THE C IT( A ) , IN THE FIRST ROUND OF PROCEEDINGS, RESTRICTED THE ADDITION TO 4% OF THE UNACCOUNTED SALES, I.E., AT THE RATE OF NET PROFIT DECLARED BY THE ASSESSEE . THE T RIBUNAL, HOWEVER , SET ASIDE THE ORDER OF LEARNED CIT (A) AND RESTORED THE MATTER TO HIS FILE BY MAKING CERTAIN OBSERVATIONS ABOUT THE GROSS PROFIT RATE. ACCORDINGLY, IN THE SET ASIDE PROCEEDINGS, THE LEARNED C I T ( A ) WORKED OUT AVERAGE GROSS PROFIT OF THREE YEARS, EXCLUDING THE YEAR UNDER CONSIDERATION . THE LD CIT(A) ADOPTED THE S AID RATE AND WORKED OUT THE GROSS PROFIT AND ALSO FIND THE DIFFERENCE BETWEEN THE SAME AND THE AMOUNT DECLARED BY THE ASSESSEE. THE SAME RESULTED IN A DIFFERENCE OF RS.26.45 LAKHS AND THE LD CIT(A) CONFIRMED THE ADDITION TO THAT EXTENT . STILL AGGRIEVED, THE ASSESSEE HAS FILED THIS APPEAL BEFORE US. 5. WE NOTICE THAT THE LEONARD CIT(A) HAS PASSED A REASONED ORDER BY CONSIDERING THE FACTS AVAILABLE ON RECORD. FURTHER, WE NOTICE THAT T HE ASSESSEE HAS NOT FILED ANY MATERIAL BEFORE US TO CONTRADICT HIS FINDINGS. ACCORDINGLY WE CONFI RM THE ORDER PASSED BY FIRST APPELLATE AUTHORITY 6. I N THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 13 .7.2016 SD/ - SD/ - (PAWAN SINGH ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 13 / 7 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT M/S. GLOBAL INDIA HOSPITALITY SERVICE PVT. LTD. 3 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS