MR.SANJAY A. MAHADIK, MUMBAI V. ACIT 26(3), MUMBAI

ITA 6545/MUM/2018

• Counselvise Citation: [2020] 108 COUNSELVISE.COM (IT) 8611 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 16-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SRINIVAS BOTTA
• Keywords: Bogus purchase
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER ITA NO.6545/M/2018 ASSESSMENT YEAR: 2009-10 MR. SANJAY A. MAHADIK, 1501, DWARKAMAI TOWERS, BHAGAT GALLI, TAIKAL WADI, MAHIM, MUMBAI 400 016 PAN: AAHPM 7703P VS. THE ACIT-26(3), BANDRA KURLA COMPLEX, C-11, BANDRA, MUMBAI - 400051 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI RAJESH KUMAR, A.R. REVENUE BY : SHRI SRINIVAS BOTTA, D.R. DATE OF HEARING : 07.11.2020 DATE OF PRONOUNCEMENT : 28.12.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 29.06.2018 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2009-10. 2. THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER OF LD. CIT(A) UPHOLDING THE IMPOSITION OF PENALTY OF RS.2,92,000/- AS AGAINST MADE BY THE AO UNDER SECTION 271(1)(C) OF THE ACT IN RESPECT OF THE ADDITION OF BOGUS PURCHASES. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE BROUGHT TO THE NOTICE OF THE BENCH THAT THE ASSESSEE HAS GONE IN VISHWAS SE VIVAD SCHEME (VSVS) 2020 AND THEREFORE THE CASE MAY BE ADJOURNED. ITA NO.6545/M/2018 MR. SANJAY A. MAHADIK 2 3. SINCE THE ASSESSEE HAS GONE INTO VSVS 2020, THE APPEAL OF THE ASSESSEE IS BEING DISMISSED PURSUANT TO THE RATIO LAID DOWN BY THE HONBLE MADRAS HIGH COURT IN THE CASE OF NANNU SAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THESE APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.12.2020. SD/- SD/- ( RAM LAL NEGI) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 28.12.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.