SHANTI ENGINEERING CONSTRUCTION CO., MUMBAI V. DCIT CEN CIR 5, MUMBAI

MA 216/MUM/2018

• Counselvise Citation: [2019] 113 COUNSELVISE.COM (IT) 6354 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2009-2010
• Appeal Filed On: 21-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K BE
• Assessee Lawyers: B V JHAVERI
• Keywords: Bogus purchase
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER & SHRI N.K. PRADHAN , HON'BLE ACCOUNTANT MEMBER M.A. NO S . 216 , 226, 227 & 228 /MUM/2018 [ARISING OUT OF ITA NOS. 5591, 5633, 5634 & 5635/MUM/2016 (A.YS: 2009 - 10, 2009 - 10, 2010 - 11 & 2011 - 12)] M/S. SHANTI ENGINEERING CONSTRUCTION CO., B - 214, ARJUN CENTRE GOVANDI STATION ROAD , GOVANDI MUMBAI 400 088 PAN: AACFS 4348 H V. D.C.I.T. CENTRAL CIRCLE 5 AIR INDIA BUILDING 19 TH FLOOR, NARIMAN POINT MUMBAI 400 021 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI B.V. JHAVERI DEPARTMENT BY : SHRI S.K. BEPAN DATE OF HEARING : 1 2 .10.2018 DATE OF PRONOUNCEMENT : 13 . 11 .2019 O R D E R PER C. N. PRASAD (JM) 1. THROUGH THESE MISCELLANEOUS APPLICATIONS , ASSESSEE IS SEEKING RECTIFICATION OF COMMON ORDER PASSED BY THE TRIBUNAL IN ITA.NO S . 5633, 5634, 5635 & 5591/MUM/2016 DATED 31.10.2017. 2. IN THESE MISCELLANEOUS APPLICATIONS FOR THE A.Y S. 2009 - 10 TO 2011 - 12 T HE ASSESSEE CONTENDS THAT BRIEF FACTS AND ARGUMENTS OF THE ASSESSEE WERE NOT CONSIDERED AND ESTIMATED THE PROFIT ELEMENT OF NON - GENUINE PURCHASES AT 4% AND CONTENDS THAT THIS IS MISTAKE APPARENT ON RECORD. THE LD. COUNSEL FOR THE 2 M.A. NOS. 216, 226, 227 & 228/MUM/2018 M/S. SHANTI ENGINEERING CONSTRUCTION CO., ASSESSEE VEHEMENTLY SUBMI TS THAT THE FACTS AND ARGUMENTS WERE NOT CONSIDERED BY THE TRIBUNAL IN ITS ORDER AND RESTRICTED THE PROFIT ELEMENT OF THE BOGUS PURCHA SES TO 4% . 3. LD. DR SUBMITTED THAT THERE IS NO MISTAKE APPARENT ON RECORD IN THE COMMON ORDER OF THE TRIBUNAL , T HEREFORE, MISCELLANEOUS APPLICATIONS ARE LIABLE TO BE DISMISSED. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDER OF THE TRIBUNAL. THE TRIBUNAL ON APPRECIATION OF THE FACTS AND MATERIALS AVAILABLE ON RECORD , PARTLY SUSTAINED THE ORDER OF THE LD.CIT( A) AND RESTRICTED THE DISALLOWANCE OF BOGUS PURCHASES IN ESTIMATING THE PROFIT ELEMENT ON PURCHASES FROM CERTAIN PARTIES TO 4%. WHILE DISPOSING OFF THE APPEAL S THE TRIBUNAL HAS CONSIDERED ALL THE MATERIALS AVAILABLE ON RECORD AND SUBMISSIONS FROM BOTH THE SIDES. SINCE THIS TRIBUNAL HAS PASSED THE ORDER ON APPRECIATION OF SUBMISSIONS AND FACTS ON RECORD THERE IS NO MISTAKE APPARENT ON RECORD I N THE COMMON ORDER PASSED BY THE TRIBUNAL. HENCE , THE MISCELLANEOUS APPLICATIONS FILE D BY THE ASSESSEE ARE REJECTE D. 5. IN THE RESULT, MISCELLANEOUS APPLICATIONS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 13 TH NOVEMBER , 2019 SD/ - SD/ - ( N.K. PRADHAN ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 13/ 11 / 2019 GIRIDHAR , S R. PS 3 M.A. NOS. 216, 226, 227 & 228/MUM/2018 M/S. SHANTI ENGINEERING CONSTRUCTION CO., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM