JOHNS PACK, MUMBAI V. INCOME TAX OFFICER 31(2)(1), MUMBAI

MA 101/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0337 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 14-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Bogus purchase
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM M .A. NO S . 101, 102 & 103 /MUM/2018 (ARISING OUT OF ITA NO S . 497,499 & 500/MUM/2017) ( ASSESSMENT YEAR S : 2007 - 08, 2008 - 09 & 2009 - 10 ) M/S. JOHNS PACK 9/6, UDYOG NAGAR INDS ESTATE, S. V. ROAD, GOREGAON (E), MUMBAI - 400 062 VS. ITO, WARD 31(2)(1) MUMBAI PAN/GIR NO. AAAFJ 4670 P ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI BHUPENDRA SHAH RESPONDENT BY : SHRI RAJESH KUMAR DATE OF HEARING : 13.07.2018 D ATE OF PRONOUNCEMENT : 07.09 .2018 O R D E R PER S HAMIM YAHYA, A. M.: BY WAY OF THESE M ISCELLANEOUS APPLICATIONS ( MA FOR SHORT) THE ASSESSEE SEEKS RECALL OF THIS TRIBUNAL ORDER IN COMBINED ORDER IN ITA NOS. 497,499 & 500/MUM/2017 FOR ASSESSMENT YE AR S 2007 - 08 TO 2009 - 10 VIDE ORDER DATED 17.08.2017. 2. IN THOSE APPEALS, THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) (LD.CIT(A) FOR SHORT) HAS RESTRICTED THE DISALLOWANCE FOR BOGUS PURCHASES TO 25% OF THE BOGUS PURCHASE. THE INCOME TAX APPELLATE TR IBUNAL ( ITAT FOR SHORT) HAS MODIFIED THE ORDER OF THE LD. CIT(A) AND H E LD THAT 12.5% DISALLOWANCE OUT OF BOGUS PURCHASE WOULD MEET THE END OF JUSTICE. 2 M A NO S . 101, 102 & 103/MUM/2018 M/S. JOHNS PACK 3. NOW BY WAY OF THESE MAS THE ASSESSEE SUBMITS THAT QUANTUM OF BOGUS PURCHASE HAS NOT BEEN SPECIFIED IN THE ORDER AND, THEREFORE DISALLOWANCE TO BE RESTRICTED CANNOT BE CLEARLY DETERMINED. 4. UPON HEARING BOTH THE COUNSEL AND PERUSING THE RECORDS, I FIND THAT THE ITAT HAS PASSED A VERY CLEAR ORDER IN WHICH 25% DISALLOWANCE FOR BOGUS PURCHASE WAS RESTR ICTED TO 12.5%. THE ITAT HAD NOT MODIFIED THE ORDER OF THE LD. CIT(A) IN ANY OTHER MANNER. ACCORDINGLY, THESE MAS ARE LIABLE TO DISMISSED AND THEY ARE DISMISSED ACCORDINGLY. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE STAND DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.09.2018 SD/ - (S HAMIM YAHYA) A CCOUNTANT MEMBER MUMBAI ; DATED : 07.09.2018 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD F ILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI