DCIT CC 1, MUMBAI V. RIDDHI SIDHHI MULTITRADE P.LTD, MUMBAI

ITA 935/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84341 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 26-11-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 04-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R MANJUNATH SWAMY

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BE NCH, MUMBAI , !' #$% , !& ! ' BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ./I .T.A. NO. 935/MUM/2013 ( ( ( ( ( / ASSESSMENT YEAR : 2009-2010 THE DCIT, C.C.1, OLD CGO BLDG., ANNEXE, MUMBAI-400 020 / VS. M/S. RIDDHI SIDDHI MULTITRADE PVT. LTD., 626, PANCHRATNA BLDG., OPERA HOUSE, MUMBAI-400 004 ) !& ./ * ./ PAN/GIR NO. : AADCR 5831L ( )+ / APPELLANT ) .. ( ,-)+ / RESPONDENT ) )+ . ! / APPELLANT BY: SHRI R. MANJUNATH SWAMY ,-)+ / . ! / RESPONDENT BY: SHRI VIMAL PUNMIYA / 0& / DATE OF HEARING :26.11.2014 12( / 0& / DATE OF PRONOUNCEMENT :26.11.2014 !3 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST TH E ORDER OF THE LD. CIT(A)-36, MUMBAI DT.27.11.2012 PERTAINING TO A .Y.2009-10. 2. THE GRIEVANCES OF THE REVENUE READ AS UNDER: ITA NO. 935/M/2013 2 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITI ON OF RS. 42,59,329/- REPRESENTING 1% OF BOGUS SALES WITHOUT CONSIDERING THE FACT THAT SHRI PRAVIN KUMAR JAIN WA S ENGAGED IN PROVIDING ACCOMMODATION BILLS ESPECIALLY WHEN SEIZURE INCLUDED BLANK LETTER HEADS, SIGNED OR UNSI GNED CHEQUE BOOKS AND BANK STATEMENT OF VARIOUS CONCERNS AND THERE WAS NO ANSWER TO THE QUERY RAISED REGARDING ACCOMMODATION BILLS BY SHRI PRAVIN KUMAR JAIN IN HI S STATEMENT RECORDED U/S. 132(4) ON 17.5.2008. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITI ON ON ACCOUNT OF DISALLOWANCE U/S. 40(A)(II), PENALTY, DE PRECIATION AND PRELIMINARY EXPENSES ONLY ON RELYING UPON THE I TATS ORDER FOR A.Y. 2008-09 IN THE CASE OF THE ASSESSEE WHEREAS THE ISSUES INVOLVED WERE NOT COVERED IN ITATS ORDE R FOR .AY. 2008-09. 3. A PERUSAL OF THE ASSESSMENT ORDER SHOWS THAT THE AO HAS FOLLOWED THE FINDINGS GIVEN IN ASSESSMENT YEAR 2008-09 IN TH E CASE OF THE COMPANIES/PERSONS CONNECTED AND ASSOCIATED WITH SHR I PRAVIN KUMAR JAIN AND ASSESSEES OWN CASE. 4. WE FIND THAT THE LD. CIT(A) HAS ALLOWED THE APPE AL OF THE ASSESSEE BY FOLLOWING THE DECISION OF THE TRIBUNAL IN ITA NO . 6039/M/2011 FOR A.Y. 2008-09. WE HAVE ALSO GONE THROUGH THE ORDER OF THE TRIBUNAL IN ITA NO. 6039/M/2011. SINCE THE ASSESSMENT WAS BASE D ON THE FINDINGS GIVEN IN 2008-09 AND THE LD. CIT(A) HAS FOLLOWED TH E DECISION OF THE TRIBUNAL IN A.Y. 2008-09, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE FINDINGS OF THE LD. CIT(A). ITA NO. 935/M/2013 3 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 26 TH NOVEMBER, 2014 SD/- SD/- (VIJAY PAL RAO ) (N.K. BILLAIYA) /JUDICIAL MEMBER !& / ACCOUNTANT MEMBER MUMBAI; 4 DATED : 26 TH NOVEMBER, 2014 . . ./ RJ , SR. PS !3 !3 !3 !3 / // / ,0 ,0 ,0 ,0 5!(0 5!(0 5!(0 5!(0 / COPY OF THE ORDER FORWARDED TO : 1. )+ / THE APPELLANT 2. ,-)+ / THE RESPONDENT. 3. 6 ( ) / THE CIT(A)- 4. 6 / CIT 5. 78 ,0 , , / DR, ITAT, MUMBAI 6. 8 9 / GUARD FILE. !3 !3 !3 !3 / BY ORDER, -0 ,0 //TRUE COPY// : :: : / ; ; ; ; (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI