KALARIKAL MATHAEW JOHN, MUMBAI V. INCOME TAX OFFICER 31(2)(2), MUMBAI

MA 104/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0336 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 14-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Bogus purchase

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM M .A. NO S . 104 & 105/MUM/2018 (ARISING OUT OF ITA NO S . 504 & 505/MUM/2017) ( ASSESSMENT YEAR S : 2008 - 09 & 2009 - 10 ) SHRI KALARIKAL MATHEW JOHN (PROP. NEW STAN PACK IND USTRIES) 24/96, YESHWANT NAGAR, OPP. MUNCIPAL SCHOOL, GOREGAON (W), MUMBAI - 400 063 VS. INCOME TAX OFFICER - 31(2)(2), BANDRA KURLA COMPLEX, MUMBAI - 400 051 PAN/GIR NO. AABPK 9211 C ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI BHUPENDRA SHAH R ESPONDENT BY : SHRI RAJESH KUMAR DATE OF HEARING : 13.07.2018 DATE OF PRONOUNCEMENT : 07.09 .2018 O R D E R PER S HAMIM YAHYA, A. M.: BY WAY OF THESE MISCELLANEOUS APPLICATIONS (MA FOR SHORT) THE ASSESSEE SEEKS RECALL OF THIS COMBINED ORDER OF T HE TRIBUNAL IN ITA NOS. 504 & 505/MUM/2017 FOR ASSESSMENT YEAR 2008 - 09 & 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 TRIBUNAL (ITAT FOR SHORT) HAS MODIFIED TH E ORDER OF THE LD. CIT(A) AND HE LD THAT 12.5% DISALLOWANCE OUT OF BOGUS PURCHASE WOULD MEET THE END OF JUSTICE. 2 M.A. NOS. 104 & 105/MUM/2018 SHRI KALARIKAL MATHEW JOHN 3. NOW BY WAY OF THESE MAS THE ASSESSEE SUB MITS 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 OR DER IN WHICH 25% DISALLOWANCE FOR BOGUS PURCHASE WAS RESTRICTED 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 S E MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE STAND DISMISSED. 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