BOON PETRO CHEM HOUSE, MUMBAI V. ITO ,WARD- 17 (1)(3), MUMBAI

ITA 5903/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3331 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 15-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AKTHAR H ANSARI
• Keywords: Bogus purchase
• Section: 143(3); 133(6)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI R.C. SHARMA , ACCOUNTANT MEMBER ./ I.T.A. NO. 5903, 5904 & 5905 / MUM /201 8 ( / ASSESSMENT YEAR S : 2011 - 12, 2010 - 11 & 2009 - 10 ) BOON PETRO CHEM HOUSE, 53/55, BHANDARI STREET, MASJID BUNDER, MUMBAR / VS. ITO WARD 17(1)(3) AAYAKAR BHAVAN, M.K ROAD, MUMBAI ./ ./ PAN/GIR NO. : AAAFB7130J ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : SHRI AKTHAR H ANSARI , DR / DATE OF HEARING 06 /11 /2019 / DATE OF PRONOUNCEMENT 13 /11 /2019 / O R D E R PER R.C. SHARMA(A.M.) THESE ARE THE APPEALS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) FOR THE A.Y 2009 - 10, 2010 - 11 & 2011 - 12, IN THE MATTER OF ORDER PASSED U/S 143(3) R.W.S 147 OF THE ACT. 2. COMMON GRIEVANCE OF ASSESSEE IN ALL THESE YEARS ARE RELATED TO ADDITION ON ACCOUNT OF BOGUS PURCHASES UPHELD BY THE CIT(A) TO THE EXTENT OF 8%. ITA NO S . 5903, 5904 & 5905 / /MUM/2018. BOON PETRO CHEM HOUSE , MUMBAI . - 2 - 3. NOBODY APPEARED ON BEHALF OF THE ASSESSEE. TH IS APPEAL WAS EARLIER FIXED FOR HEARING ON 04.11 . 2009, WHEREIN THE ASSESSEE HAS ASKED FOR ADJOURNMENT AND THE CASE WAS ADJOURNED TO TODAY I.E 06.11.2019 . HOWEVER, NEITHER ANY ONE APPEARED ON BEHALF OF ASSESSEE NOR ANY ADJOURNMENT W AS SOUGHT FOR. ACCORDINGLY , BENCH DECIDED TO DISPOSE THE APPEAL AFTER HEARING THE LD. DR AND AFTER CONSIDE RING THE MATERIAL AVAILABLE ON RECORD. 4. FROM THE RECORD, I FOUND THAT DURING THE COURSE OF RE - ASSESSMENT PROCEEDINGS A.O CAME TO THE CONCLUSION THAT HAS ASSESSEE TAKEN BOGUS PURCHASE BILL. ACCORDINGLY, HE MADE ADDITION BY COMPUTING GROSS PROFIT OF 12.5% ON SUCH ALLEGED BOGUS PURCHASES. THE A.O OBSERVED THAT ASSESSEE HAS NOT BEEN ABLE TO PROVIDE ANY CORROBORATIVE EVIDENCE TO PROVE ITS PURCHASES FROM THE AFORESAID SIX PARTIES. FURTHER, THE AO HAS TRIED TO ASCERTAIN THE GENUINENESS OF PURCHASES BY IS SUING NOTICES U/S 133(6) TO THE PARTIES BUT THEY CAME BACK UN - SERVED. THIS FACT WAS BROUGHT TO THE NOTICE OF THE ASSESSEE BUT THE ASSESSEE EXPRESSED ITS INABILITY TO PRODUCE THE PARTIES. DURING THE COURSE OF A PPELLATE PROCEEDINGS, THE ASSESSEE HAS NOT BR OUGHT ANYTHING NEW TO PROVE ITS GENUINENESS OF THE CLAIM BEFORE CIT(A) . THE ASSESSEE HAS ITA NO S . 5903, 5904 & 5905 / /MUM/2018. BOON PETRO CHEM HOUSE , MUMBAI . - 3 - MERELY STATED THAT THE PURCHASES ARE GENUINE AND ALSO RELIED ON PLETHORA OF CASE LAW. 5. UNDER THESE FACTS AND CIRCUMSTANCES THE CIT(A) AFTER CONSIDERING THE VARIOUS JUDICIAL PRONOUNCEMENTS AND THE FACTS AND CIRCUMSTANCES OF THE INSTANT CASE MODIFIED THE ORDER OF THE A.O AND UPHELD THE ADDITION ONLY TO THE EXTENT OF 8% OF SUCH BOGUS PURCHASES. NOTHING WAS PRODUCED BEFORE ME SO AS TO PERSUADE ME TO DEVIATE FROM THE FINDING RECORDED BY LOWER AUTHORITY. 6. IN THE RESULT ALL THE THREE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 13/ 11 /201 9 SD/ - ( R.C. SHARMA ) ACCOUNTANT MEMBER MUMBAI, DATED 13 /11 /20 1 9 KRK, PS ITA NO S . 5903, 5904 & 5905 / /MUM/2018. BOON PETRO CHEM HOUSE , MUMBAI . - 4 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / ( ASST. REGISTRAR) , / ITAT, MUMBAI ... 6 . THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FO