No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘A‘ BENCH
Before: SHRI MAHAVIR SINGH & SHRI M.BALAGANESHShri
आदेश / O R D E R PER M. BALAGANESH (A.M):
This appeal in A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-32, Mumbai in appeal No.CIT(A)-32, Mumbai/10543/2018-19 dated 19/07/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 27/12/2018 by the ld. Income Tax Officer-20(1)(1), Mumbai (hereinafter referred to as ld. AO).
Though the revenue has raised the several grounds, we find that only issue involved in this appeal of the revenue is with regard to addition made on account of bogus purchases.
We have heard rival submissions and perused the materials available on record. We find that assessee is an individual and proprietor of M/s. Metal Profile and engaged in the business of trading in Iron and Steel items comprising of M.S. Angles, M.S. Channels, M.S. Flats, M.S. Sheets, M.S. Tee Angles and TMT base. We find that the ld. AO observed that assessee had made purchases from various parties totaling to Rs.3,87,81,204/- which are listed in page 2 of the assessment order. These parties according to the ld. AO appeared as tainted dealers in the website of Sales Tax department of Government of Maharashtra which information was apparently passed on to the Income Tax department which ultimately triggered the reopening of assessment in the case of this assessee. In the course of assessment proceedings, the ld. AO sought to verify the veracity of aforesaid purchases made by the assessee. The assessee furnished the copies of purchase invoices from the aforesaid suppliers together with the copy of their ledger account. The ld. AO issued notices u/s.133(6) of the Act to those tainted suppliers which were returned unserved by the postal authorities. The assessee also submitted copy of bank statements vide letter dated 17/10/2018 duly highlighting the payments made to those suppliers by account payee cheques. The assessee also furnished the details of corresponding sales made by him out of the purchases made from those suppliers. However, the ld. AO dismissed this plea of the assessee that corresponding sales made by the assessee out of disputed purchases were not filed by the assessee. However, the ld. AO proceeded to treat the profit element embedded in the value of aforesaid purchases @25% of Rs.3,87,81,204/- which worked out to Rs.96,95,301/- and made an addition towards unexplained expenditure u/s.69C of the Act in the assessment.
3.1. We find that the ld. CIT(A) had agreed to the fact that assessee had filed the details of sales made by the assessee out of the disputed purchases. The ld. CIT(A) also observed that the notices issued u/s.133(6) of the Act by the ld. AO were returned unserved by the postal authorities and assessee also could not produce the alleged suppliers for examination of the ld. AO. Accordingly, he concluded that assessee would have made purchases in the grey market but since the corresponding sales made by the assessee have been proved beyond doubt, only the profit element could be brought to tax in the entire transaction for making purchases in the grey market. Accordingly, the ld. CIT(A) estimated the profit element at 3% on the value of disputed purchases.
4. Aggrieved by this order, only the Revenue had preferred appeal before us and assessee is not in appeal.
We find that assessee has given before the ld. AO the details of purchase invoices, copy of ledger account of the suppliers from whom supplies were made, details of corresponding sales made out of disputed purchases, total quantitative details of goods purchased and sold thereof and evidences in the bank statements showing payments made by account payee cheques to the disputed suppliers. We find that assessee has provided the following GP ratio before the ld. CIT(A) which has been taken due cognizance by the ld. CIT(A) while deciding the issue as under:-
Year Ended G.P. Ratio 31/03/2007 2.67% 31/03/2008 1.91% 31/03/2009 2.71% 31/03/2010 2.49% 31/03/2011 1.27% (impugned assessment year)
5.1. The average of the gross profit ratio for all the five years works out to 2.21% and considering the fact that assessee could have made purchases only in grey market for having some benefit in indirect taxes, we hold that the ld. CIT(A) had rightly estimated the profit element embedded in the value of disputed purchases at 3% on which no interference is warranted. Accordingly, the grounds raised by the Revenue are dismissed.
In the result, appeal of the Revenue is dismissed.
Order pronounced on 14/07/2021 by way of proper mentioning in the notice board.