INCOME TAX OFFICER 19(1)(2), MUMBAI V. BABULAL K. BISHNOI(HUF), MUMBAI

MA 288/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2663 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-03-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 18-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Keywords: Bogus purchase

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'SMC' BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER MA NO. 288/MUM/2018 (ARISING OUT OF ITA NO. 2026/MUM/2017) (ASSESSMENT YEAR: 2009-10) INCOME TAX OFFICER WARD NO. -19(1)(2) MUMBAI 400007 VS. SHRI BABULAL K. BISHNOI (HUF) ROOM NO. 103, 394/41, PANKUTIR BLDG., 4TH KUMBHARWADA LANE, MUMBAI 400004 PAN AAEHB9927P APPLICANT RESPONDENT APPLICANT BY: SHRI NISHANT SAMAIYA RESPONDENT BY: SHRI SATISH MODY DATE OF HEARING: 22.02.2019 DATE OF PRONOUNCEMENT: 08.03.2019 O R D E R PER MAHAVIR SINGH, JM BY WAY OF THIS MISCELLANEOUS APPLICATION THE REVENU E POINTS OUT THAT THE TRIBUNAL HAS AFFIRMED THE ESTIMATION OF PROFIT RATE OF BOGUS PURCHASE AT 12.5% AS AFFIRMED BY THE CIT(A) BUT IN THE FINAL PA RAGRAPH, I.E. PARA 5 IT IS NOTED THAT BOTH THE APPEALS OF THE ASSESSEE ARE ALL OWED. 2. ACCORDING TO THE LEARNED SENIOR D.R. THE AO IS UNAB LE TO GIVE EFFECT TO THE ORDER OF THE TRIBUNAL. ON THIS THE LEARNED C OUNSEL FOR THE ASSESSEE AGREED THAT THE CONCLUSION OF THE TRIBUNAL IS WRONG AND THIS IS A MISTAKE APPARENT FROM RECORD. 3. AFTER HEARING BOTH THE PARTIES WE ARE OF THE VIEW THAT PARA 5 NOTED BY THE TRIBUNAL READS AS UNDER: - IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED . WHEREAS THIS SHOULD BE READ AS IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED. ITA NO. 288/MUM/2018 SHRI BABULAL K. BISHNOI (HUF) 2 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH MARCH, 2019. SD/ - SD/ - (RAJESH KUMAR) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 8 TH MARCH, 2019 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -29, MUMBAI 4. THE PR.CIT - 19, MUMBAI 5. THE DR, SMC BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.