INCOME TAX OFFICER, THANE vs. TUFAIL AHMED BAKHSHULLAH SIDDIQUI, THANE
Facts
The Revenue appealed against the CIT(A)'s decision to restrict the disallowance of purchases from non-existent vendors to 12%. The assessee filed a cross-objection challenging the reopening of assessment and the 12% profit estimation.
Held
The Tribunal held that while the supplier's genuineness was doubtful, the corresponding sales were accepted. Therefore, the addition should be restricted to the profit element, and the 12% estimation by the CIT(A) was on the higher side.
Key Issues
Whether the entire purchases from a non-existent vendor are to be disallowed, or only the profit element, when corresponding sales are accepted. Also, the validity of reopening the assessment.
Sections Cited
Section 69C, Section 115BBE
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आयकर अपीलीय अधिकरण, म ुंबई पीठें, म ुंबई INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI BENCH: E BEFORE SMT. BEENA PILLAI, HON’BLE JUDICIAL MEMBER AND SHRI VIKRAM SINGH YADAV, HON’BLE ACCOUNTANT MEMBER
ITA 2277/MUM/2026 (निर्धारण वर्ा/Assessment Year: 2019-20) INCOME TAX OFFICER TUFAIL AHMED BAKHSHULLAH SIDDIQUI INCOME TAX OFFICE , 6TH FLOOR, ASHAR IT PARK, ROAD NO. 22, RUPADEVI WAGLE ESTATE,THANE, PADA, ,INDIRA MAHARASHTRA-400604, NAGAR,WAGLE Vs. THANE-400604, ESTATE,THANE 400604 MAHARASHTRA ,MAHARASHTRA, INDIA THANE-400604, MAHARASHTRA अपीलधर्थी Appellant प्रत्यर्थी Respondent
PAN of Assessee: APMPS4122G
अपीलधर्थी द्वारा/Appellant represented Shri Dheeraj Singh Baghel, by: JCIT प्रत्यर्थी द्वारा/Respondent represented by: Shri Bhupendra Shah, AR CO 168/MUM/2026 (निर्धारण वर्ा/Assessment Year: 2019-20) TUFAIL AHMED INCOME TAX OFFICER BAKHSHULLAH SIDDIQUI INCOME TAX OFFICE , 6TH ROAD NO. 22, RUPADEVI FLOOR, ASHAR IT PARK, PADA, ,INDIRA NAGAR,WAGLE WAGLE ESTATE,THANE, ESTATE,THANE 400604 Vs. MAHARASHTRA-400604 ,MAHARASHTRA, INDIA, THANE-400604, THANE-400604, MAHARASHTRA MAHARASHTRA अपीलधर्थी Appellant प्रत्यर्थी Respondent
PAN of Assessee: APMPS4122G
ITA 2277/MUM/2026 & C
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