DCIT - CC - 3(2), MUMBAI V. TEXPERT TEXTILES PVT. LTD., MUMBAI

ITA 577/MUM/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6598 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 03-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 69C

Judgement Text

ITA No.577/M/2019 M/s. Texpert Textiles Pvt. Ltd. 8 Bhagwat Textiles Pvt. Ltd., M/s. First Winner Textile Pvt. Ltd., M/s. Solitaire Texfab & Traders Textiles P. Ltd. and M/s. First Winner Industries Pvt. Ltd. protective addition under section 69C of the Act qua the same amount in the hands of the assessee is not sustainable. Similarly, when protective addition made in the hands of assessee is not sustainable addition on account of commission to the tune of Rs.17,75,000/- is also not sustainable. 10. During the course of argument the Ld. D.R. for the Revenue stated at bar that the substantive addition made in this case has also been confirmed by the Ld. CIT(A) and thereafter the same has been accepted by M/s. Bhagwat Textiles Pvt. Ltd. and others in whose hands the substantive addition was made. 11. In view of what has been discussed above, we are of the considered view that finding no illegality or perversity in the impugned order passed by the Ld. CIT(A) present appeal filed by the Revenue is hereby dismissed. Order pronounced in the open court on 18.03.2022. Sd/- Sd/- (GAGAN GOYAL) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 18.03.2022. * Kishore, Sr. P.S.