GANESH TRADING COmpany., THANE V. INCOME TAX OFFICER WARD -3(3), MUMBAI

MA 389/MUM/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8676 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 25-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Search and seizure

Judgement Text

M.A. NO. 389/MUM/2018 A.Y. 2009 - 10 (ARISING OUT OF ITA NO.4657/MUM/2015 SHRI GANESH TRADING COMPANY VS. INCOME TAX OFFICER - 3(3) 1 IN THE I NCOME TAX APPELLATE TRIBUNAL A BENCH, M UMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI RAVISH SOOD, JM M.A. NO. 389 /MUM/2018 (ARISING OUT OF ITA NO.4657/MUM/2015 ) ( / ASSESSMENT YEAR: 2009 - 10) SHRI GANESH TRADING COMPANY C/O SHRI SATISH AGARWAL 503, LOTUS PLAZA, MALHAR CHOWK, GOKHALE ROAD, NAUPADA, THANE (W), THANE 400602 / VS. INCOME TAX OFFICER - 3 (3) THANE ./ ./ PAN NO. AAWFS8766R ( / APPLICANT) : ( / RESPONDENT ) / APPLICANT BY : NONE / RESPONDENT BY : SHRI MANPREET SINGH GUGGLE, D.R / DATE OF HEARING : 16.07.2021 / DATE OF PRONOUNCEMENT : 23 .07.2021 / O R D E R PER RAVISH SOOD, JM: THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE FIRM ARISES FROM THE ORDER PASSED BY THE TRIBUNAL WHILE DISPOSING OFF ITS APPEAL FOR A.Y. 2009 - 10 IN ITA NO. 4657/MUM/2015. 2. WE FIND THAT THE ASSESSEE APPLICANT DESPITE HAVING BEEN AFFORDED SUFFICIENT OPPORTUNITY HAD FAILED TO PUT UP AN APPEARANCE IN THE COURSE OF HEARIN G OF THE M.A. NO. 389/MUM/2018 A.Y. 2009 - 10 (ARISING OUT OF ITA NO.4657/MUM/2015 SHRI GANESH TRADING COMPANY VS. INCOME TAX OFFICER - 3(3) 2 PRESENT APPLICATION. ON A PERUSAL OF THE RECORDS, WE FIND, THAT ON 11 OCCASIONS THE MATTER HAD BEEN ADJOURNED EITHER FOR THE REASON THAT NONE HAD APPEARED ON BEHALF OF THE ASSESSEE APPLICANT OR THE ASSESSEE HAD SOUGHT AN ADJOURNMENT (ON 2 OCCASION S ) . ON THE LAST OCCASION WHEN THE APPLICATION WAS CALLED FOR HEARING I.E ON 16.07.2021, THE ASSESSEE HAD ONCE AGAIN FAIL E D TO PUT UP AN APPEARANCE BEFORE US . ACCORDINGLY, WE BEING LEFT WITH NO OTHER ALTERNATIVE ARE CONSTRAINED TO DISPOSE OFF THE PRESENT APPLICATION AFTER CONSIDERING THE CONTENTIONS THEREIN RAISED BY THE ASSESSEE APPLICANT . 3. AS IS DISCERNIBLE FROM THE APPLICATION, IT IS THE CLAIM OF THE ASESSEE THAT THE DIRECTION OF THE TRIBUNAL TO THE A.O TO ESTIMATE THE GROSS PROFIT OF THE ASSESSEE BY ADOPTING THE AVERAGE GROSS PROFIT RATE FOR A.Y. 2004 - 05 TO A.Y. 2008 - 09 AND APPLY THE SAME TO ITS TOTAL TURNOVER OF RS.25,63,27,285/ - WOULD RESULT TO AN ADDITION OF RS.1,24,06,207/ - AS AGAINST THE ADDITION MADE BY THE A.O OF RS.1,46,30,715/ - . IT IS S UBMITTED BY THE ASSESSEE APPLICANT , THAT THE AFORESAID DIRECTIONS OF THE TRIBUNAL WOULD RESULT TO AN ADDITION OF MORE THAN 12.5% OF THE UNVERIFIABLE PURCHASES AMOUNTING TO RS.1,46,30,715/ - I.E RS.18,28,839/ - . IT IS IN THE BACKDROP OF AFORESAID FACTS THAT T HE ASSESSEE HA D SOUGHT FOR RECTIFICATION OF THE ORDER PASSED BY THE TRIBUNAL WHLIE DISPOSING OFF ITS APPEAL IN ITA NO. 4657/MUM/2015, DATED 25.04.2018. 4. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION AND ARE UNABLE TO PERSUADE OURSELVES TO ACCEPT THE AFORESAID CLAIM OF THE ASSESSEE. IN OUR CONSIDERED VIEW, THE ASSESSEE BY PREFERRING THE PRESENT APPLICATION HA S CLEARLY SOUGHT A REVIEW OF THE ORDER THAT WAS PASSED BY THE TRIBUNAL WHILE DISPOSING OFF ITS APPEAL, WHICH WE ARE AFRAID DOES NOT FALL WITHIN THE REALM O F THE POWERS VESTED WITH THE TRIBUNAL UNDER SUB - SECTION (2) OF SEC.254 OF THE ACT. ACCORDINGLY, NOT FINDING FAVOUR WITH THE AFORESAID APPLICATION OF THE ASSESSEE, WHICH FOR THE REASONS STATED BY US HEREINABOVE IS CLEARLY NOT MAINTAINABLE, WE DISMISS THE SA ME. M.A. NO. 389/MUM/2018 A.Y. 2009 - 10 (ARISING OUT OF ITA NO.4657/MUM/2015 SHRI GANESH TRADING COMPANY VS. INCOME TAX OFFICER - 3(3) 3 5. THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONO U NCED IN THE OPEN COURT ON 23 .07.2021 SD/ - SD/ - ( SHAMIM YAHYA) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED : 23 /07/2021 **PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY)