ITO 26(3)(2), MUMBAI vs. SHRI. SHAFIULLAH ABDULLAH KHAN, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision, stating that since the sales turnover was accepted, the entire purchases could not be disallowed. Only the profit element embedded in the alleged bogus purchases could be disallowed.
What were the facts?
The assessee, a scrap dealer, was found to have obtained bogus purchase bills amounting to Rs. 25,147/-. The Assessing Officer disallowed the entire purchases, but the CIT(A) granted partial relief by estimating a profit margin of 12.5% on these purchases.
What were the issues?
Whether the entire amount of alleged bogus purchases can be disallowed when sales are accepted, or only the profit element embedded therein.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
ORDER This appeal by the Revenue is directed against the order of Commissioner of Income Tax(Appeals)-38, Mumbai [ in short ‘the CIT(A)’] dated 09/09/2019 for the Assessment Year 2009-10.
The solitary issued raised in this appeal by the Revenue is against relief granted by the CIT(A) in respect of alleged bogus purchases made by the assessee.
Brief facts of the case as emanating from records are: The assessee is a scrap dealer. The assessment for Assessment Year 2009-10 in the case of assessee was reopened on the ground that the assessee has obtained bogus purchase bills amounting to Rs.25,147/- from M/s. Maruti Steel Traders, a entry provider during the Financial Year 2008-09. During assessment proceedings, the Assessing Officer issued notice u/s 133(6) of the Income Tax Act, 1961 ( in short ‘the Act’) to the aforesaid dealer, however, the same was returned by the Postal Authorities with the remark “left”. Since, the assessee could neither produce the dealer or confirmation of purchase nor the relevant documents to substantiate genuineness of the purchases the Assessing Officer disallowed entire purchases and made addition of Rs.25,147/-. The assessee carried the issue in appeal before the CIT(A). The CIT(A) granted part relief to the assessee by estimating suppressed profit margin on bogus purchases at 12.5%. Against the relief granted, the Revenue is in appeal before the Tribunal.
Shri Sanjay Sethi representing the Department vehemently defending the assessment order submitted that the assessee has failed to produce documents viz. stock register, delivery challans/lorry receipts, etc. to substantiate purchases made from the hawala operator. The notice issued to the suspicious dealer remained unserved, the assessee neither produce the party nor confirmation from the said party, hence, the Assessing Officer rightly disallowed entire bogus purchases.
Submissions made by ld. Departmental Representative heard, orders of authorities below examined. The Revenue is in appeal against the order of CIT(A) granting part relief to the assessee by restricting addition in respect of bogus purchases to 12.5% as against 100% disallowance made by the Assessing Officer. A perusal of the assessment order shows that the Assessing Officer has accepted the sales turnover declared by the assessee /respondent. Without purchases there cannot be sales, hence, the entire alleged bogus purchases cannot be disallowed. It is only the profit element embedded in such transaction that can be disallowed.[RE:
PCIT vs. Paramshakhti Distributors Pvt. Ltd. in Income Tax Appeal No.413 of 2017 decided by Hon'ble Bombay High Court on 15/07/2019] The CIT(A) after examining the facts has restricted the addition to Rs.3,143/- by estimating suppressed profit margin on bogus purchases at 12.5%. I find no reason to interfere with the findings of CIT(A), hence, the same are upheld and appeal of the Revenue is dismisse, being devoid of any merit.
In the result, appeal by the Revenue is dismissed.
Order pronounced in the open Court on Friday the 3rd day of December, 2021
More judgments on Section 133(6)
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Ritu Rajesh Gohil, Jamnagar, Gujarat vs ITO Ward 2(1), Jamnagar, GujaratITA 109/RJT/2026[2018-19]Status: Disposed15 Oct 2026AY 2018-19
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