RAJU & RAJU ELECTRONICS PVT LTD.,MUMBAI vs. ITO WARD 5(3)(1), MUMBAI
What did the Tribunal hold?
The Tribunal acknowledged that the assessee had purchase invoices and made payments through banking channels, and had also proved the disposal of goods. However, to plug revenue leakage, the addition was restricted to 12.5% of the disputed purchases.
What were the facts?
The assessee, engaged in trading electronic items, was alleged to have made suspicious purchases of Rs. 5.94 Lacs from two entities. The assessee provided purchase invoices and bank statements but could not prove the movement of goods or produce suppliers for confirmation.
What were the issues?
The primary issue was the genuineness of purchases and whether the entire amount of disputed purchases should be added back to the assessee's income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: HON’BLE SHRI C.N. PRASAD, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
माननीय श्री छल्ला नागेन्द्र प्रसाद, न्याययक सदस्य एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI C.N. PRASAD, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ (धििाारण वर्ा / Assessment Year: 2009-10) Raju & Raju Electronics Pvt. Ltd. ITO Ward-5(3)(1), R. No. 21, 3rd floor Dongre Building, 384, बिाम/ Dr. D. B. Marg, Lamington Road, B-Wing, Mittal Court, Vs. Mumbai-400 007 Nariman Point Mumbai-400 021 स्थायीलेखासं./ जीआइआरसं./ PAN/GIR No. AABCR-6589-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : Shri Zakirhusen M. Kapasi, Ld. AR Revenue by : Ms. Smita Varma– Ld. Sr. DR सुनवाई की तारीख/ : 02/09/2021 Date of Hearing घोषणा की तारीख / : 02/09/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for AY 2009-10 arises out of the order of Ld. Commissioner of Income Tax (Appeals)-10 Mumbai [CIT(A)] dated 27/11/2019 in the matter of assessment framed by Ld. Assessing Officer (AO) u/s 143(3) r.w.s. 147 on 26/11/2014. The sole subject matter of appeal is estimation of addition on account of alleged bogus purchases.
Having heard rival submissions and after perusal of material on record, our adjudication would be as given in succeeding paragraphs. The assessee being resident corporate assessee is stated to be engaged in trading of electronic items.
The case was reopened pursuant to receipt of certain information from Sales Tax Department, Maharashtra on the basis of which it was alleged that the assessee made suspicious purchases of Rs.5.94 Lacs from 2entities as detailed in para 4 of the order. Notices issued u/s 133(6) to these suppliers did not elicit any satisfactory response. The assessee furnished copies of purchase invoices, sales invoices & bank statements etc. However, since the assessee could not prove the movement of goods and also could not produce any of the suppliers for confirmation of transactions, these purchase were disallowed and added back to assessee’s income. 4. The Ld. CIT(A) noted that the assessee could not prove the genuineness of the expenditure and therefore, the additions were to be upheld. Aggrieved, the assessee is in further appeal before us. 5. It could be seen that the assessee was a trader and therefore, there could be no sales without actual purchase of material. The assessee was in possession of purchase invoices and the payment to the suppliers was through banking channels. The assessee also proved the disposal of purchased material during assessment proceedings. Therefore, it could be presumed that the goods were procured from grey market whereas the bills were procured from these suppliers. Therefore, to plug the leakage of revenue, we restrict the addition to the extent of 12.5% of disputed purchases of Rs.5,94,698/ which comes to Rs.74,337/-. The balance addition stand deleted.
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