VISHAL PRAKASH AGARWAL, MUMBAI V. ITO WARD - 30 (3)(4), MUMBAI

ITA 6480/MUM/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2076 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 13-11-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KUMAR PADMA
• Keywords: Bogus purchase
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER ITA NO.6480/MUM/2018 ( ASSESSMENT YEAR: 2010-11) VISHAL PRAKASH AGARWAL, A-2/9, SUNDER NAGAR, S.V. ROAD, MALAD (WEST), MUMBAI-400064. VS. I.T.O., WARD-30(3)(4), MUMBAI PAN/GIR NO.ADLPA 8771 E (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI RAVINDRA POOJARY REVENUE BY SHRI KUMAR PADMAPANI (SR.DR) DATE OF HEARING 04/12/2019 DATE OF PRONOUNCEMENT 06/12/2019 / O R D E R PER: R.C. SHARMA, A.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 03/08/2018 OF LD. CIT(A)-41, MUMBAI FOR THE A.Y. 20 10-11 IN THE MATTER OF ORDER PASSED U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT). 2. IN THIS APPEAL, THE ASSESSEE IS BASICALLY AGGRIE VED BY THE ACTION OF LD. CIT(A) FOR UPHOLDING THE ADDITION TO THE EXTENT OF 12.5% OF BOGUS PURCHASES. 3. AT THE OUTSET, THE LD AR OF THE ASSESSEE PLACED ON RECORD THE ORDER OF THE COORDINATE BENCH DATED 31/07/2017 IN THE GRO UP CONCERN WHEREIN WITH RESPECT TO SIMILAR BOGUS PURCHASES, ADDITION W AS SUSTAINED TO THE ITA NO. 6480/MUM/2018 VISHAL PRAKASH AGARWAL VS ITO 2 EXTENT OF 4%. THE LD AR ALSO FILED STATEMENT REGARD ING GROSS PROFIT RATE DECLARED BY THE ASSESSEE IN THE CURRENT YEAR AND SU BSEQUENT YEARS AND ALSO RELIANCE WAS PLACED ON THE VARIOUS JUDICIAL PR ONOUNCEMENTS. 4. ON THE OTHER HAND, THE LD DR HAS RELIED ON THE O RDERS OF THE AUTHORITIES BELOW. 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND CARE FULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOUND THAT THE COORDINATE BENCH IN THE CASE OF GROUP CONCERN M/S KAMAL P AGARWAL VS ITO FOR THE VERY SAME ASSESSMENT YEAR VIDE ORDER DATED 31/07/2017 HA S UPHELD THE ADDITION TO THE EXTENT OF 4% WITH RESPECT TO PURCHA SES MADE FROM VERY SAME PARTIES FROM WHICH THE ASSESSEE HAS PURCHASED. AS THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE ARE SAME AND THE PURCHASES BY THE ASSESSEE WAS ALSO MADE FROM THE VERY SAME PARTY, WH ICH WAS FOUND TO BE BOGUS IN THE CASE OF KAMAL P AGARWAL WHEREIN VID E ORDER DATED 31/7/2017, THE TRIBUNAL HAVE RESTRICTED THE ADDITIO N TO THE EXTENT OF 4%, RESPECTFULLY FOLLOWING THE SAME, I DIRECT THE A.O. TO RESTRICT THE ADDITION TO THE EXTENT OF 4%. I DIRECT ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART. ORDER PRONOUNCED IN THE OPEN COURT ON 06 TH DECEMBER, 2019. SD/- (R.C.SHARMA) ACCOUNTANT MEMBER MUMBAI; DATED 06/12/2019 *RANJAN ITA NO. 6480/MUM/2018 VISHAL PRAKASH AGARWAL VS ITO 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//