Income Tax Appellate Tribunal - Mumbai
M/S.Fab Cot Plus, Mumbai vs Income Tax Officer -1(1), Kalyan on 5 December, 2018
ITA No. 2602/Mum/2018 Fab Cot Plus Assessment Year-2011-12 आयकर अपीलीय अिधकरण "एक-सद य मामला""
ायपीठ मुं बई म ।
IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" BENCH, MUMBAI माननीय ी महावीर िसं ह, ाियक सद एवं माननीय ी मनोज कुमार अ वाल, ले खा सद के सम ।
BEFORE HON'BLE SHRI MAHAVIR SINGH, JM AND HON'BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./I.T.A. No.2602/Mum/2018 (िनधा रणवष / Assessment Year: 2011-12) Fab Cot Plus Income Tax Officer 1(1) G-5, Shree Rajlaxmi, Hitech Park बनाम/ Kalyan, Mohan Plaza Mumbai Nashik by-pass Vs. 1st Floor, Wayle Nagar Sonale, Bhiwandi-421 302 Khadakpada, Kalyan - 421 302 थायीले खासं . /PAN : AABFF-2969-C (अपीलाथ /Appellant) : ( !थ / Respondent) Assessee by : None Revenue by : Rajesh Kumar Yadav, Ld. DR सुनवाई की तारीख/ : 26/11/2018 Date of Hearing घोषणा की तारीख / : 05/12/2018 Date of Pronouncement आदे श / O R D E R Per Manoj Kumar Aggarwal (Accountant Member)
1. Aforesaid appeal by assessee for Assessment Year [AY] 2011-12 contest the order of Ld. Commissioner of Income Tax (Appeals) - 2, Thane [CIT(A)], Appeal No.167/15-16 dated 27/02/2018 qua 2 ITA No. 2602/Mum/2018 Fab Cot Plus Assessment Year-2011-12 confirmation of certain additions on account of alleged bogus purchases. None has appeared for assessee despite notice and no adjournment application is on record. Finding no reason to keep the appeal pending, we dispose-off the same on the basis of material available on record and after hearing Ld. Departmental Representative [DR] who has justified the stand of lower authorities.
2.1 Facts leading to the same are that the assessee being resident firm was re-assessed u/s 143(3) read with Section 147 of the Income Tax on 10/03/2015 by Ld. Income Tax Officer-1(1), Kalyan [AO] wherein the income of the assessee has been assessed at Rs.8.75 Lacs after certain additions of Rs.1.64 Lacs on account of alleged bogus purchases as against returned income of Rs.7.11 Lacs e-filed by the assessee on 17/09/2011 which was processed u/s 143(1).
2.2 Pursuant to receipt of certain information from Sales Tax Department, Maharashtra regarding dealers supplying bogus purchase bills, it transpired that the assessee stood beneficiary of such bogus bills of Rs.1.64 Lacs from 2 such suppliers, the details of which have already been extracted at para 3 of the quantum assessment order. Consequently, notice u/s 148 dated 05/04/2013 was issued to the assessee which was followed by statutory notices u/s 143(2) & 142(1). Although the assessee defended the purchases, it failed to submit requisite details to substantiate the purchases. The independent investigations carried out by the inspector established that the purchases were not genuine. The assessee failed to produce any of the suppliers to confirm the transaction which led the Ld.AO to treat these purchases as 3 ITA No. 2602/Mum/2018 Fab Cot Plus Assessment Year-2011-12 bogus purchases and accordingly, the same were added to the income of the assessee.
3. Aggrieved, the assessee contested the same without any success before Ld. CIT(A) vide impugned order dated 27/02/2018 wherein the assessee again failed to substantiate the purchases made by him. Finally, considering the Gross Profit Rate reflected by the assessee in the impugned AY as well as in earlier two AYs, the first appellate authority confirmed the stand of Ld. AO. Aggrieved, the assessee is in further appeal before us.
4. Upon careful consideration of factual matrix, we find no reason to deviate from the stand of lower authorities since the complete onus to substantiate the transactions was on assessee and the same has remained un-discharged. Nothing on record controverts or rebuts the findings of Ld. first appellate authority. Resultantly, we have no other option but to confirm the findings of Ld. first appellate authority. We order so.
5. The appeal stands dismissed.
Order pronounced in the open court on 05th December, 2018.
Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) ाियक सद / Judicial Member लेखा सद / Accountant Member
मुंबई Mumbai; िदनां क Dated : 05/12/2018 Sr.PS:-Jaisy Varghese 4 ITA No. 2602/Mum/2018 Fab Cot Plus Assessment Year-2011-12 आदे शकी ितिलिपअ!ेिषत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. !थ / The Respondent
3. आयकरआयु((अपील) / The CIT(A)
4. आयकरआयु(/ CIT- concerned
5. िवभागीय ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai
6. गाड- फाईल / Guard File आदे शानुसार/ BY ORDER, उप/सहायकपंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअिधकरण, मुंबई / ITAT, Mumbai.