INCOME TAX OFFICER 17(2)(4), MUMBAI v. M/S.NAVNIT AUTO AGENCY, MUMBAI

ITA 1164/MUM/2019 | 2009-2010
Pronouncement Date: 28-02-2020 | Result: Dismissed

Appeal Details

RSA Number 116419914 RSA 2019
Assessee PAN ADCPP6636J
Bench Mumbai
Appeal Number ITA 1164/MUM/2019
Duration Of Justice 11 month(s) 29 day(s)
Appellant INCOME TAX OFFICER 17(2)(4), MUMBAI
Respondent M/S.NAVNIT AUTO AGENCY, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-02-2020
Appeal Filed By Department
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 28-02-2020
Last Hearing Date 27-02-2020
First Hearing Date 27-02-2020
Assessment Year 2009-2010
Appeal Filed On 01-03-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI R. C. SHARMA ACCOUNTANT MEMBER & SHRI C.N. PRASAD JUDICIAL MEMBER ITA NO. 1164 /MUM/ 2019 : A.Y : 2009 - 10 INCOME TAX OFFICER 17(2)(4) ROOM NO.123B 1 ST FLOOR AAYAKAR BHAWAN CHURCHGATE MUMBAI - 400020 VS. M/S. NAVNIT AUTO AGENCY 6 MEHTA CHAMBERS KALYAN STREET NANA BUNDER MUMBAI - 400009 PAN NO: ADCPP6636J REVENUE BY : SHRI SATISHCHANDRA RAJORE ASSESSEE BY : NONE DATE OF HEARING : 27/02/2020 DATE OF PRONOUNCEMENT : 28 /02/2020 O R D E R PER R.C. SHARMA ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) - 58 MUMBAI DATED 20/12/2018 FOR A.Y.2009 - 10 IN THE MATTER OF ORDER PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT 1961. 2. IN THIS APPEAL REVENUE IS AGGRIEVED BY THE ACTION OF CIT(A) FOR RESTRICTING THE ADDITION TO THE EXTENT OF 12.5% IN RESPECT OF BOGUS PURCHASES. 3. RIVAL CONTENTIONS HAVE BEEN HEARD AND RECORD PERUSED. THE AO GOT INFORMATION THAT ASSESSEE HAS TAKEN BOG US ACCOMMODATION BILLS ACCORDINGLY HE ADDED 100% OF SUCH PURCHASES IN ASSESSEES INCOME AMOUNTING TO RS.38 409/ - . ITA NO. 1164/MUM/2019 NAVNIT AUTO AGENCY 2 4. BY THE IMPUGNED ORDER CIT(A) RESTRICTED ADDITION TO THE EXTENT OF 12.5% AFTER RECORDING DETAILED FINDING FROM PARA 8 TO 12 OF ITS APPELL ATE ORDER. AFTER APPLYING VARIOUS JUDICIAL PRONOUNCEMENTS CIT(A) HELD THAT ADDITION TO THE EXTENT OF 12.5% WILL SERVE THE PURPOSE OF JUSTICE SO AS TO FILL THE GAP OF LEAKAGE OF REVENUE IF ANY. THE FINDING SO RECORDED BY CIT(A) HAS NOT BEEN CONTROVERTED ACCORDINGLY WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF CIT(A). 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 / 02 /20 20 SD/ - ( C.N. PRASAD ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 28 / 02 /20 20 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER (ASSTT. REGISTRAR) ITAT MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMBA I 6. GUARD FILE. //TRUE COPY//