ACIT 27(2), NAVI MUMBAI V. NEEL CONTROLS, MUMBAI

ITA 5589/MUM/2018

• Counselvise Citation: [2018] 112 COUNSELVISE.COM (IT) 5569 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 07-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MARRAPU NAVEEN
• Assessee Lawyers: ATIN S MEHTA
• Keywords: Bogus purchase; Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & SANDEEP GOSAIN (JM) I.T.A. NO. 5589 /MUM/20 1 8 (ASSESSMENT YEAR 20 0 9 - 1 0 ) ACIT CIRCLE - 27(2) ROOM NO. 420 TOWER NO. 6 VASHI RAILWAY STATION COMPLEX VASHI, NAVI MUMBA I - 400077. VS. M/S. NEEL CONTROLS 403, 4 TH FLOOR SAPHIRE ARCADE 42, M.G. ROAD RAJAWADI , GHATKOPAR - E MUMBAI - 400 077. PAN : AAAFN0627J ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI ATIN S. MEHTA DEPARTMENT BY SHRI MARRAPU NAVEEN DATE OF HEARING 13 . 1 1 . 201 8 DATE OF PRONOUNCEMENT 13 . 1 1 . 201 8 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 6.6.2018 PASSED BY THE LEARNED CIT(A) - 25, MUMBAI AND IT RELATES TO A.Y. 2009 - 10. THE REVENUE IS AGGRIEVED BY THE DECISION OF THE LEARNED CIT(A) IN GRANTING RELIEF OF RS 1,08,630/ - TO THE ASSESSEE IN RESPECT OF ADDITION RELATING TO BOGUS PURCHASES. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. WE NOTICED THAT THE ASSESSING OFFICER HAS MADE A DDITION OF RS 1,24,150/ - RELATING TO ALLEGED BOGUS PURCHASED MADE FRO M HAWALA DEALERS IDENTIFIED BY THE SALES TAX AUTHORIT IES . THE LEARNED CIT(A) RESTRICTED THE ADDITION TO RS 15,520/ - AND ACCORDINGLY GRANTED RELIEF TO RS 1.08,630/ - TO THE ASSESSEE. THE R E VENUE IS AGGRIEVED. 3. WE NOTICED THAT THE TAX EFFECT INVOLVED IN ENTIRE ADDITION MADE BY THE ASSESSING OFFICER IS LESS THAN RS . 20 LAKHS. ACCORDINGLY THE TAX EFFECT INVOLVED IN THE RELIEF GRANTED BY LD CIT(A) IS ALSO LESS THAN RS.20.00 LAKHS. AS PER M/S. NEEL CONTROLS 2 CIR CULAR NO. 3/2018 DATED 11.7.2018 ISSUED BY CBDT, THE REVENUE IS PREC LUDED FROM PURSUING THIS APPEAL, IF TAX EFFECT INVOLVED IN THE QUANTUM IN DISPUTE IS LESS THAN RS 20 LAKHS. ACCORDINGLY, WE ARE OF THE VIEW THE REVENUE IS PRECLUDED FROM PURSUING THIS APPE AL. ACCORDINGLY, WE DISMISS THIS APPEAL IN LIMINE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 13 . 1 1 .201 8 . SD/ - SD/ - (SANDEEP GOSAIN ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 13 / 1 1 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY O RDER, //TRUE COPY// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI