BILLION WISE GLOBAL PVT LTD,MUMBAI vs. ITO, W-15(1)(2), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to sustain a 12.5% disallowance on bogus purchases. It reasoned that when sales are not doubted, 100% disallowance is not permissible, but purchases from the grey market warrant some disallowance.
What were the facts?
The assessee, engaged in trading, faced reopening of assessment based on information of bogus purchases. The Assessing Officer (AO) made a 12.5% addition on these alleged bogus purchases.
What were the issues?
Whether 100% disallowance of purchases is justified when sales are not doubted? What is the appropriate disallowance percentage for purchases made from the grey market?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” Bench, Mumbai
This is an appeal by the assessee wherein the assessee is aggrieved that the learned CIT(A) has sustained the addition for bogus purchase of Rs 34,85,795/- done @ 12.5% by Assessing Officer for the AY 2014-15 vide order dated 30.11.2018.
The assessee in this case is engaged into trading business. The assessment was reopened upon information from sales tax department that assessee has made Rs. 2,78,86,358/- purchases from bogus entry operator. The AO made 12.5% addition of the bogus purchase.
Up on assessee's appeal learned CIT(A) has noted that the sales has not been doubted. Accordingly placing reliance upon several case laws and upon the facts of the case he sustained 12.5% disallowance out of the bogus purchases.
2 Billion Wise Global Pvt. Ltd.
Against above order revenue is in appeal before the ITAT. I have heard Id Learned Departmental Representative and perused the record. I find that in this case the sales have not been doubted it is settled law that when sales are not doubted, hundred percent disallowance for bogus purchase cannot be done. The rationale being no sales is possible without actual purchases. This proposition is supported from Honourable Jurisdictional High Court decision in the case of Nikunj Eximp Enterprises (in writ petition no 2860, order dt 18.6.2014). In this case the Honourable High Court has held that hundred percent allowance for the purchases said to be bogus cannot be done, when sales are not doubted. However the facts of the present case indicate that assessee has made purchase from the grey market. Making purchases through the grey market gives the assessee savings on account of nonpayment of tax and others at the expense of the exchequer. In such situation in our considered opinion on the facts and circumstances of the case the 12.5% disallowance out of the bogus purchases done by learned CIT(A) meets the end of justice. Accordingly I uphold the order of learned CIT(A).
In the result, appeal filed by the assessee stands dismissed.
Order pronounced in the open court on 02.05.2022.
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