NILESH RAMESHCHANDRA SHAH, MUMBAI V. ITO 14(1)(1), MUMBAI

MA 299/MUM/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9150 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 30-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA LD
• Assessee Lawyers: N M PORWAL LD
• Keywords: Bogus purchase
• Section: 69C

Judgement Text

1 MA NO.299/MUM/2019 ARISING OUT OF ITA NO.107/MUM/2017 SHRI NILESH RAMESHCHAND SHAH ASSESSMENT YEAR-2009-10 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM MISCELLANEOUS APPLICATION NO.299/MUM/2019 [ARISING OUT OF I.T.A. NO.107/MUM/2017] ( / ASSESSMENT YEAR: 2009-10) SHRI NILESH RAMESHCHAND SHAH C/O. NITON STEELS & ALLOYS CABIN NO.1, SHOP NO.4, GF 202/204, J.N. NETHAWA BUILDING 3 RD KHUMBHARWALA LANE S.V.P. ROAD, MUMBAI-400 004. / VS. INCOME TAX OFFICER - 14(1)(1) MUMBAI. ./ ./PAN/GIR NO. AAKPS-7905-G ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI N.M. PORWAL, LD.AR / RESPONDENT BY : SHRI CHAITANYA ANJARIA, LD. DR !' / DATE OF HEARING : 30/08/2019 #$%&!' / DATE OF PRONOUNCEMENT : 03/10/2019 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. BY WAY OF THIS MISCELLANEOUS APPLICATION FOR ASS ESSMENT YEAR [AY] 2009-10, THE ASSESSEE SEEKS RECTIFICATION OF CERTAI N ERROR THAT ARE STATED TO 2 MA NO.299/MUM/2019 ARISING OUT OF ITA NO.107/MUM/2017 SHRI NILESH RAMESHCHAND SHAH ASSESSMENT YEAR-2009-10 HAVE CREPT IN THE ORDER OF TRIBUNAL ITA NO.107/MUM/ 2017 ORDER DATED 10/10/2018. 2. THE PRIME ARGUMENTS OF LD. AR, WRITTEN AS WELL A S ORAL, REVOLVES AROUND THE FACT THAT GROUND NOS. 4 & 5 HAS NOT BEEN ADJUDICATED. THE LD. AR ARGUED THAT IN THE REASONS RECORDED FOR REASSESS MENT, THE ALLEGATIONS WERE THAT THE ASSESSEE MADE BOGUS PURCHASES WHICH W AS DEBITED TO PROFIT & LOSS ACCOUNT. HOWEVER, LD. AO HAD MADE NO ADDITIO N ON ACCOUNT OF BOGUS PURCHASES DEBITED TO PROFIT & LOSS ACCOUNT BU T THE ADDITION WAS MADE U/S 69C ON ACCOUNT OF CASH PURCHASES STATED TO BE MADE OUTSIDE THE BOOKS OF ACCOUNTS OUT OF UNDISCLOSED INCOME AND THE REFORE, THE ADDITIONS WOULD NOT BE SUSTAINABLE IN VIEW OF THE DECISION OF HONBLE BOMBAY HIGH COURT RENDERED IN CIT V/S JET AIRWAYS (I) LTD. AND OTHER DECISIONS AS CITED DURING HEARING OF THE APPEAL. THEREFORE, NON-CONSID ERATION OF THE SAME, WHILE ADJUDICATING THE APPEAL, WOULD AMOUNT TO MIST AKE APPARENT FROM RECORDS. THE LD. DR, ON THE OTHER HAND, SUBMITTED T HAT ALL ASPECTS ARE WELL CONSIDERED BY THE BENCH WHILE ADJUDICATING THE APPE AL AND THE ASSESSEE IS MERELY SEEKING REVIEW OF THE ORDER WHICH WAS IMPERM ISSIBLE. 3. UPON DUE CONSIDERATION OF ORDER UNDER CONSIDERAT ION, WE FIND THAT THE SOLITARY ISSUE INVOLVED UNDER THE APPEAL WAS ADDITI ON ON ACCOUNT OF BOGUS PURCHASES. THE BENCH, WHILE CONSIDERING ALL THE ASP ECTS INCLUDING ARGUMENTS MADE DURING HEARING OF APPEAL, ADJUDICATE D THE ISSUE VIDE PARA NOS. 5 & 6 OF THE ORDER. IN CONCLUDING PARA-6, GROU ND NOS. 2 TO 5 WERE SPECIFICALLY DISMISSED. THEREFORE, WE FIND NOTHING AMISS IN THE ORDER. THE 3 MA NO.299/MUM/2019 ARISING OUT OF ITA NO.107/MUM/2017 SHRI NILESH RAMESHCHAND SHAH ASSESSMENT YEAR-2009-10 LD. AR IS MERELY SEEKING A REVIEW OF THE ORDER. THE APPEAL WAS ADJUDICATED AS PER ARGUMENTS MADE DURING HEARING OF THE APPEAL. THEREFORE, WE DECLINE TO INTERFERE IN THE MATTER, IN ANY MANNER. 4. THE APPLICATION STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD OCTOBER, 2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 03/10/2019 SR.PS:-JAISY VARGHESE / 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 FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.