SHRI. ASHURAM UDARAMJI BISHNOI, Mumbai V. ITO 19(1)(2), Mumbai

ITA 772/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5860 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 12-02-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R K GUBGOTRA
• Keywords: Bogus purchase
• Section: 72

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, A CCOUNTANT M EMBER ITA NO. 7 7 2 /MUM/201 9 ( ASSESSMENT YEAR: 2011 - 12 ) SHRI ASHURAM UDARAMJI BISHNOI, SHOP NO. 7, GROUND FLOOR, 66 COOPER BLDG., T.P. STREET, MUMBAI - 400004. VS. I. T.O. - 1 9 ( 1 )( 2 ) MATRU MANDIR, TARDEO, MUMBAI - 400007. PAN/GIR NO. AEJPB 6455 M (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI S.L. JAIN (AR) REVENUE BY SHRI R.K. GU B GOTRA ( JCIT - DR) DATE OF HEARING 0 5 /02 /2020 DATE OF PRONOUNCEMENT 11 / 03 /20 20 / O R D E R PER: R.C. SHARMA, A.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 27/09 /2018 OF LD. CIT(A) - 54 , MUMBAI FOR THE A.Y. 2011 - 12 IN THE MATTER OF ORDER PASSED U/S 14 3(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (IN SHORT , THE ACT). 2. IN THIS APPEAL, THE ASSESSEE IS BASICALLY AGGRIEVED FOR UPHOLDING ADDITION OF 12.5% MADE ON ACCOUNT OF BOGUS PURCHASES. 3. I HAVE GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOUND THAT THE A.O. GOT INFORMATION REGARDING ASSESSEE TA KING BOGUS PURCHASES BILLS, ACCORDINGLY, HE REOPENED THE ASSESSMENT AND I TA NO. 7 72 /MUM / 20 1 9 SHRI ASHURAM U BISHNOI VS ITO 2 THEREAFTER MADE ADDITION OF 12.5% WITH RESPECT TO ALLEGED BOGUS PURCHASES. BY THE IMPUGNED ORDER, THE LD. CIT(A) HAS FURTHER REDUCED ADDITION BY THE AMOUNT OF G.P. RATE DECLARED BY THE ASSESSEE . AGAINST WHICH THE ASSESSEE IS IN FURTHER APPEAL BEFORE THE ITA T. 4. THE LD AR OF THE ASSESSEE HAS PLACED ON RECORD THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN FOR THE A.Y. 2009 - 10 AND 2011 - 12 WHEREIN UNDER SIMILAR FACTS AND CIRCUMSTANCES, THE TR IBUNAL HAVE UPHELD THE ADDITION TO THE EXTENT OF 5%. 5. I HAVE CAREFULLY GONE THROUGH THE ORDER OF THE TRIBUNAL AND FOUND THAT WITH RE GARD TO SIMILAR BOGUS PURCHASES. THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE A.Y. 2009 - 10 AND 2010 - 11 VIDE ITS ORDER DATED 07/01/2020 PASSED IN ITA NO. 6639 & 6640/MUM/2018 HAS UPHELD THE ADDITION TO THE EXTENT OF 5% IN RESPECT OF ALLEGED BOGUS PURCHASES. RESPECTFULLY FOLLOWING THE ORDER OF THE TRIBUNAL, I DIRECT THE A.O. TO RESTRICT THE ADDITION TO THE EXTENT OF 5%. 6 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART. ORDER PRONOUNCED IN THE OPEN COURT ON 1 1 TH MARCH , 2020 . SD/ - (R.C.SHARMA) ACCOUNTANT MEMBER MUMBAI; DATED 11 /0 3 /2020 *RANJAN I TA NO. 7 72 /MUM / 20 1 9 SHRI ASHURAM U BISHNOI VS ITO 3 COPY OF THE ORDE R 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//