Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (11) TMI 32 - AT - Income TaxEstimation of income - bogus purchases - CIT(A) confirmed the addition at the rate of 5% - HELD THAT:- ITAT Surat in more 100 appeals, wherein the similar assessees were beneficiaries of similar bogus purchases, this combination has restricted the similar addition to the extent of 6% of bogus purchases, shown in Rajendra Jain / Bhanwer Lal Jain cases groups vide judgment, in the case of Pankaj K. Choudhary [2021 (10) TMI 653 - ITAT SURAT] wherein the Tribunal sustained the addition at the rate of 6% of bogus purchases. We find that CIT(A) has sustained the addition at the rate of 5% of bogus purchases. Tribunal does not have power to enhance the addition. Hence we note that assessee got sufficient relief at the first appellate stage and therefore does not deserve further relief, hence we dismiss the appeal of the assessee. Condonation of delay - delay of 547 days - out of total delay 223 days delay is attributable to Covid-19 Pandemic - HELD THAT:- For balance delay of 324 days, (547 - 223) has occurred mainly because the assessee was feeling severe problem of kidney and doctors have given medical treatment of kidney failure and the kidney was made transplant, and after that the assessee was living in a separate room with supervision of Doctor for more than twelve months, therefore assessee could not take decision to file the appeal before Tribunal. Thus the reasons given in the affidavit for condonation of delay were convincing and accpetable.
|