Jayesh Steel Pvt.Ltd., Ahmedabad V. DCIT, Central Circle-2(3), Ahmedabad

ITSSA 175/AHD/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7520 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-03-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 25-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L P JAIN DATES OF HEARING OF
• Keywords: Bogus purchase; Opportunity of cross examination
• Section: 153A; 13

Judgement Text

JAYESH STEEL PVT. LTD IT ( SS ) 175 / AHD / 2018 PAGE 1 OF 2 I N THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD C BENCH, AHMEDABAD [ CORAM : HON BLE JUSTICE P . P BHAT T , PRESIDENT AND PRAMOD KUMAR, VP ] IT ( SS ) 175 / AHD / 2018 ASSESSMENT YEAR : 2012 - 13 JAYESH STEEL PVT . LTD . ............. APPELLANT 4 TH FLOOR, PARISHMA ANNEX, OPP . SWAGAT BUIDLING, ABOVE BODYLINE, C . G ROAD, AHMEDABAD 380006 ( PAN NO . AAACJ5006C ) VS ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2 ( 3 ) ....... RESPONDENT AHMEDABAD APPEARANCES BY PARIN SHAH FOR THE APPELLANT L . P JAIN FOR THE RESPONDENT DATES OF HEARING OF THE APPEAL : DECEMBER 20 TH , 2019 DATE OF PRONOUNCING THIS ORDER : MARCH 12 TH , 2020 O R D E R PER BENCH: 1 . BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF LEARNED CIT ( A ) S ORDER DATED 27 TH MARCH 2018, IN THE MATTER OF ASSESSMENT UNDER SECTION 143 ( 3 ) R . W . S . 153A OF THE INCOME TAX ACT 1961, FOR THE ASSESSMENT YEAR 2012 - 13 . 2 . GRIEVANCES OF THE A PPELLANT IS AS FOLLOWS : - JAYESH STEEL PVT. LTD IT ( SS ) 175 / AHD / 2018 PAGE 2 OF 2 1 . 1 THAT HON . CIT ( A ) HAS ERRED IN CONFIRMING ADDITION OF RS . 20,54,638 /- AS GP RATE OF ALLEGED BOGUS PURCHASES . THAT ADDITION OF RS . 20,54,638 /- BE DELETED . 1 . 2 THAT ADDITION CANNOT BE MADE FOR ALLEGE BOGUS PURCHASE AS ALL THE PURCHASE ARE REFLECTED IN STOCK REGISTER . THE APPELLANT HAS PROVED SUBSEQUENT SALE OF ALL THE PURCHASES . FURTHER STATEMENT OF ALL THE SUPPLIERS ARE RECORDED AT THE BACK OF THE APPELLANT AND WITHOUT AFFORDING ANY OPPORTUNITY OF CROSS EXAMINATION . THEREFORE, ADDITION MADE ON SUCH STATEMENT SHOULD BE DELETED . 3 . WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE FAIRLY ADMITTED THAT IN VIEW OF THE DECISIONS OF THE COORDINATE BENCHES THE ISSUE IN APPEAL IS NOW COVERED AGAINST THE ASSESSEE . HE DID NOT, THEREFORE, PRESS THE APPEAL . 4 . IN VIEW OF THE ABOVE DISCUSSIONS, THE APPEAL IS DISMISSED AS NOT PRESSED . 5 . IN THE RESUL T, THE APPEAL IS DISMISSED IN THE TERM INDICATED ABOVE . ORDER PRONOUNCED UNDER RULE 34(4) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1962, BY PLACING THE DETAILS ON THE NOTICE BOARD. SD/ - SD/ - JUSTICE P . P BHATT PRAMOD KUMAR ( PRESIDENT ) ( VICE PRESIDENT ) AHMEDABAD, DATED THE 12 TH DAY OF MARCH , 2020 COPIES TO : ( 1 ) THE APPELLANT ( 2 ) THE RESPONDENT ( 3 ) CIT ( 4 ) CIT ( A ) ( 5 ) DR ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD