SHRI ISMAILBHAI M. LOKHANDWALA, MUMBAI V. INCOME TAX OFFICER - 20(1)(5), MUMBAI

MA 620/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3365 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-06-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 06-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Bogus purchase; Accommodation entries; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER MA NO.620/M/2019 ARISING OUT OF MA NO.304/M/2019 OF ITA NO.5618/M/2017) ASSESSMENT YEAR: 2011-12 SHRI ISMAILBHAI M. LOKHANDWALA, 9, THLIZ CHS, ST. JOHN BAPTIT ROAD, BANDRA, MUMBAI 400 050 PAN: ABIPL 3610Q VS. INCOME TAX OFFICER- 20(1)(5), ROOM NO.121, 1 ST FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI - 400012 (APPELLANT) (R ESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI C.V. JAIN, A.R. REVENUE BY : MS. BHARATI SINGH, D.R. DATE OF HEARING : 06.03.2020 DATE OF PRONOUNCEMENT : 05.06.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: BY VIRTUE OF THIS MISCELLANEOUS APPLICATION THE AS SESSEE SEEKS THE RECALLING/SETTING ASIDE THE ORDER PASSED BY THE TRIBUNAL IN MA NO.304/M/2019 DATED 24.10.2019. 2. THE LD. A.R. SUBMITTED BEFORE THE BENCH THAT VID E ORDER DATED 24.10.2019 PASSED IN MA NO.304/M/2019, THE OR DER OF TRIBUNAL PASSED IN ITA NO.5618/M/2017 FOR A.Y. 2011 -12 HAS BEEN RECALLED WRONGLY. THE SAID ORDER IN THE ABOVE ITA WAS PASSED FOR HAVING TAX EFFECT BELOW RS.20 LAKHS. MA NO.304/M/2019 (ARISING OUT OF ITA NO.5618/M/2017) MA NO.620/M/2019 SHRI ISMAILBHAI M. LOKHANDWALA 2 3. AFTER HEARING BOTH THE PARTIES AND PERUSING THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE AN D THE REVENUE, WE ARE OF THE VIEW THAT THERE IS NO MERIT IN THE SAID APPLICATION OF THE ASSESSEE AS THE MISCELLANEOUS AP PLICATION FILED BY THE REVENUE NO. 304/M/2019 HAS BEEN ALLOWED RECA LLING THE ORDER DATED 21.08.2018 ON THE GROUND THAT THE ISSUE IN THE SAID APPEAL WAS QUA THE BOGUS PURCHASES WHICH WAS BASED UPON THE INFORMATION RECEIVED FROM SALES TAX DEPARTMENT, GOV ERNMENT OF MAHARASHTRA QUA THE FACT THAT ASSESSEE IS BENEFICI ARIES IF BOGUS ACCOMMODATION ENTRIES. IN THIS CASE, WE NOTE THAT SINCE THE INFORMATION HAS COME FROM THIRD AGENCY WHICH IS AN INTELLIGENCE WING OF SALES TAX DEPARTMENT, GOVERNMENT OF MAHARAS HTRA AND THEREFORE NOT COVERED BY THE CIRCULAR NO.03/2018 F. NO.279/MISCELLANEOUS/142/2007-IT(PT) DATED 11.07.20 18. IN OUR VIEW THE SAID ORDER HAS RIGHTLY BEEN RECALLED B Y THE TRIBUNAL. THEREFORE, WE DO NOT FIND ANY MERITS IN THE MISCELL ANEOUS APPLICATION FILED BY THE ASSESSEE AND ACCORDINGLY T HE SAME IS DISMISSED. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION OF T HE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05.06.2020. SD/- SD/- ( RAVISH SOOD) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 05.06.2020. * KISHORE, SR. P.S. MA NO.304/M/2019 (ARISING OUT OF ITA NO.5618/M/2017) MA NO.620/M/2019 SHRI ISMAILBHAI M. LOKHANDWALA 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASS TT. REGISTRAR, ITAT, MUMBAI.