Income-tax Officer, Ward - 14 (3),, Pune v. Pipes and Flow controls, Pune

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH PUNE BEFORE SHRI ANIL CHATURVEDI ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI J UDICIAL MEMBER . / ITA NO .1 582 /PUN/201 7 / ASSESSMENT YEAR : 20 1 1 - 12 THE INCOME TAX OFFICER WARD 14(3) PUNE ....... / APPELLANT / V/S. PIPES AND FLOW CONTROLS SHOP NO. 2 S. NO. 277/A/93 NEW TIMBER MARKET BHAVANI PETH PUNE 411042 PAN : AAKFP7442B / RESPONDENT ASSESSEE BY : SHRI C.H. NANIWADEKAR REVENUE BY : SHRI M.K. VERMA / DATE OF HEARING : 20 - 11 - 2019 / DATE OF PRONOUNCEMENT : 25 - 1 1 - 2019 / ORDER PER S.S. VISWANETHRA RAVI JM : THIS APPEAL BY THE REVENUE AGAINST THE ORDER DATED 01 - 12 - 2016 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 4 PUNE [CIT(A)] FOR ASSESSMENT YEAR 201 1 - 12. 2 ITA NO. 1582/PUN/2017 A.Y. 2011 - 12 2. THE REVENUE RAISED AS MANY AS EIGHT GROUNDS AMONGST WHICH THE ONLY EFFECTIVE ISSUE EMANATING FOR ADJUDICATION IS AS TO WHETHER THE CIT(A) JUSTIFIED IN RESTRICTING THE ADDITION TO AN EXTENT OF RS. 32 48 311/ - ON ACCOUNT OF ALLEGED BOGUS PURCHASE BILLS IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. HEARD BOTH PARTIES AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE NOTE FROM THE ASSESSMENT ORDER THAT THE ASSESSING OFFICER RECEIVED AN INFORMATION REGARDING THE BOGUS PURCHASE BILLS INVOLVING ASSESSEE TO AN EXTENT OF RS.1 72 32 708/ - FOR SALES TAX DEPARTMENT GOVERNMENT OF MAHARASHTRA . THE ASSESSING OFFICER SOUGHT EXPLANATI ON FROM THE ASSESSEE AND IT WAS EXPLAINED THAT THE ASSESSEE DECLARED AN ADDITIONAL INCOME OF RS.1 39 84 397/ - OUT OF RS.1 72 32 708/ - IN NEXT TWO YEARS AND PAID TAXES THEREON AND CONTENDED THAT THERE WAS NO LOSS TO THE REVENUE AND AGREED FOR THE BALANCE AM OUNT OF RS.33 48 411/ - FOR ADDITION. THE ASSESSING OFFICER DID NOT FIND THE EXPLANATION OFFERED BY THE ASSESSEE AS ACCEPTABLE AND ADDED THE ENTIRE AMOUNT OF RS.1 72 32 808/ - TO THE TOTAL INCOME OF ASSESSEE. WE NOTE THAT THE SAME CONTENTIONS HAVE BEEN MAD E BY THE ASSESSEE BEFORE THE CIT(A) IN FIRS APPELLATE PROCEEDINGS AND CONSIDERING THE SAME THE CIT(A) RESTRICTED THE ADDITION TO AN EXTENT OF RS.32 48 311/ - (RS.1 72 32 708/ - - RS.1 39 84 397/ - ). ADMITTEDLY THERE WAS NO APPEAL FILED BY THE ASSESSEE BEFOR E THIS TRIBUNAL CHALLENGING THE ACTION OF CIT(A) IN CONFIRMING THE ADDITION TO AN EXTENT OF RS.32 48 311/ - . THE LD. AR SHRI C.H. NANIWADEKAR SUBMITTED THAT THE ASSESSEE ACCEPTED THE ORDER OF CIT(A) IN CONFIRMING THE ADDITION INVOLVING THE SAID AMOUNT MEN TIONED ABOVE. THEREFORE TAKING INTO CONSIDERATION THE FACTS AND CIRCUMSTANCES OF THE 3 ITA NO. 1582/PUN/2017 A.Y. 2011 - 12 CASE WE COMPLETELY AGREE WITH THE REASONS RECORDED BY THE CIT(A) IN THE IMPUGNED ORDER AT PARA 5.3.2 AND IT IS JUSTIFIED. THUS GROUNDS RAISED BY THE REVENUE AS DISCUS SED ABOVE FAILS AND ARE DISMISSED. 4. IN THE RESULT THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH NOVEMBER 2019. SD/ - SD/ - (ANIL CHATURVEDI) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBE R / PUNE; / DATED : 25 TH NOVEMBER 2019 RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4 PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 3 PUNE 5. / DR ITAT B BENCH PUNE. 6. / GUARD FILE. // // TRU E COPY // / BY ORDER / PRIVATE SECRETARY / ITAT PUNE