ACIT 28(2), NAVI MUMBAI vs. M/S LUCID PRINTS, NAVI 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 order, finding it reasonable and based on judicial decisions. The Tribunal dismissed the Revenue's appeal, agreeing that the addition should be restricted to 12.5% of bogus purchases.
What were the facts?
The Assessing Officer (AO) made an addition of 36% of bogus purchases as income. The CIT(A) restricted this addition to 12.5% of bogus purchases, considering the AO had not doubted the sales. The Revenue appealed this decision.
What were the issues?
Whether the CIT(A) erred in restricting the addition on account of bogus purchases to 12.5% instead of 36% as made by the AO, and whether the Apex Court decision in N.K. Proteins Ltd. was correctly considered.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 147,Section 250,Section 148,Section 142(1),Section 133(6)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Simit P. Sheth1,465 citing356 ITR 451 · 2013 · HC
Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
अऩीराथी की ओय से / Appellant by : Shri Brajendra Kumar, DR प्रत्मथी की ओय से / Respondent by : None सुनवाई की तायीख / Date of hearing: 06.07.2021 घोर्णा की तायीख / Date of pronouncement : 08.07.2021 आदेश / O R D E R पवन क मार गदाऱे, न्याययक सदस्य/ PER PAVAN KUMAR GADALE, JM:
The revenue has filed the Appeal against the order of the CIT(A)-26, Mumbai passed u/s 143(3) r.w.s 147 and 250 of the Income Tax Act (hereinafter referred to as 'Act’). 2. The Revenue has raised the following grounds of appeal:-
Mum/2010 AY 2009-10; Lucid Prints Page | 2 “(1) Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in directing the A.O. to restrict the addition of bogus purchases to 12.5% as against 36% of total bogus purchases addition made by the Assessing Officer without appreciating the fact that parties from whom these purchases were made proven accommodation entry providers, as concluded by Sales Tax Authorities pursuant to the investigation carried out by them?
Whether on the facts and in the circumstances of the case in law, the Ld. CIT(A) has erred in not considering the latest Apex Court decision in the case of N.K. Proteins Ltd. Vs. DCIT (769 of 2017), wherein the Hon’ble Supreme Court has confirmed 100% addition made on account of bogus purchases.?”
The Brief facts are that the assessee is a partnership firm and is engaged in the business of offset printing works. The assessee has filed the return of income for the AY 2009-10 on 30.09.2009, disclosing a total income of ₹26,30,966/-.The return of income was processed under section 143(1) of the Act. Earlier the case was selected for scrutiny and the assesseement order was passed under section 143(3) of the Act on 05.12.2011 with a total income of ₹28,94,990/-.The Assessing Officer has received information from DGIT (Inv), Mumbai, wherein the assessee has made purchases from the Mum/2010 AY 2009-10; Lucid Prints Page | 3 parties, who are suspicious dealers as per list of Sale Tax Department. The A.O. based on the information, had reason to believe that the income has escapement assessment and hence a notice u/s 148 of the Act was issued. In compliance the assessee has filed a letter dated 07.04.2014 to treat the return of income filed on 30.09.2009 as a due compliance to the notice served.
Subsequently, notice under section 143(2) and 142(1) of the Act were issued and the learned AR of the assessee appeared from time to time and furnished the details. The Assessing Officer during the course of assessment proceedings found that the assessee has obtained the bogus purchase bills from two parties i.e. M/s Shreya Sales Corporation ₹33,58,914/- and M/s Kush Min Sales Pvt. Ltd ₹15,82,074/- both aggregating to ₹49,40,988/-. The Assessing Officer has issued notice under section 133(6) of the Act on these parties to check the genuineness of the purchase transactions. The said notices were returned back by the postal authorities with remark “not known”. The Assessing Officer has called for the additional information from the assessee to establish the genuineness of purchases of ₹49,40,988/-.The learned AR appeared and furnished the details on 09.02.2015. But the Assessing Officer was not satisfied with the information provided by the assessee and is of the opinion that the assessee could not satisfy the test of genuineness of the transactions. Finally The A.O. considered the Gross Profit (GP) rate@ 36% of bogus purchases as an Mum/2010 AY 2009-10; Lucid Prints Page | 4 income element and made addition, which work out to Rs.17,78,756/-and further disallowed excess claim of depreciation on Ups and Printers of ₹2,81,025/ and assessed the total income of ₹51,38,202/- and passed the order under section 143(3)r.w.s 147 of the Act dated 27.02.2015. Aggrieved by Assessing Officer order, the assessee has filed an appeal with the Commissioner of Income Tax (Appeals).
In the appellate proceedings the CIT(A) has considered the grounds of appeal, finding of the Assessing Officer and the submissions. The assessee has filed the written submissions referred at Para 5 of the CIT(A) order. The CIT(A) found that the Assessing Officer has made the addition considering the GP rate @ 36% and the A.O. has not doubted the sales. Further the CIT(A) relied on the decision of Hon’ble Gujarat High court in the case of CIT Vs. Simit P. Sheth, 356 ITR 451 (Guj) and has restricted the profit/income element rate @ 12.5% of the bogus purchases as against @ 36% adopted by the Assessing Officer and partly allowed the appeal. Aggrieved, by the order of the CIT(A), the Revenue has filed an appeal before the Honble Tribunal.
6.At the time of hearing, none appeared on behalf the assessee. The learned DR vehemently supported the orders of the Assessing Officer and submitted that the CIT(A) has erred in Mum/2010 AY 2009-10; Lucid Prints Page | 5 restricting the profit element @ 12.5% as the assessee was involved in obtaining the bogus purchases bills and could not prove the genuineness of the purchases and prayed for allowing the Revenue’s appeal.
We heard the learned DR and perused the materials available on record. The sole crux of the disputed issue envisaged by the Ld.DR that the assessee has obtained the bogus purchase bills from the operators and the Assessing Officer made addition of income element@ 36% of the bogus purchases. Further, on assessee appeal to the CIT(A), the appellate authority considered the submissions, facts and observed that the Assessing Officer has not doubted the sales and made addition of higher GP rate. Therefore, the CIT(A) considering the ratio of the judicial decisions of the Hon’ble High court and Tribunal has restricted the addition at 12.5% of the bogus purchases.
The learned DR could not controvert the observations of the CIT(A) with any new cogent evidence or information and relied on the Assessing Officer’s order. We considering the facts, circumstances and the findings of the CIT(A) are of the opinion that the CIT(A) passed an reasonable order relying on the judicial decisions and allowed the relief to the assessee. Accordingly, we are not inclined to interfere with the CIT(A) order and uphold the same and dismiss the grounds of appeal of the revenue. Mum/2010 AY 2009-10; Lucid Prints Page | 6 9.In the result, the revenue appeal is dismissed. Order pronounced in the open court on 08.07.2021.
Sd/- Sd/- (भनोज कुभाय अग्रवार / MANOJ KUMAR AGGARWAL) (ऩवन कुभाय गदारे/ PAVAN KUMAR GADALE) (रेखा सदस्म / ACCOUNTANT MEMBER) (न्मायमक सदस्म/ JUDICIAL MEMBER) भुंफई, ददनांक/ Mumbai, Dated: 08-07-2021 स दीप सरकार, व.यनजी सधिव / Sudip Sarkar, Sr.PS आदेश की प्रयिलऱपप अग्रेपषि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A) 4. आमकय आमुक्त / CIT ववबागीम प्रयतयनधध, आमकय अऩीरीम अधधकयण, भुंफई / DR, ITAT, Mumbai 5. 6. गार्ा पाईर / Guard file. आदेशान सार/ BY ORDER, सत्मावऩत प्रयत //True Copy//
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Income Tax Officer 41(1)(1), Mumbai vs Anil Transport Service, MumbaiMumbai7 Apr 2026Dismissed
Also relies on CIT v. Simit P. Sheth
The tribunal upheld the CIT(A)'s decision to tax only the profit element embedded in the alleged bogus purchases, not the entire amount. The assessee's cross-objection challenging the reopening was dismissed as it did no...
- Income Tax Officer, Ward-5(1)(2), Noida vs Bhavya Pipe Industry, Greater NoidaDelhi14 Oct 2025Dismissed
Also relies on CIT v. Simit P. Sheth
The Tribunal upheld the CIT(A)'s decision to estimate the profit element on bogus purchases at the GP rate of 1.39%, considering it a fair and reasonable estimation. The disallowance of carriage inward expenses related t...
- Income Tax Officer, Delhi vs Akash Deep Sethi, DelhiDelhi16 Jul 2025Dismissed
Also relies on CIT v. Simit P. Sheth
The Tribunal upheld the lower appellate authority's decision to treat purchases as non-genuine but restricted the addition to 2.46% of the turnover as net profit, aligning with the assessee's declared average gross profi...
- ITO 19 (3)(2), Mumbai vs Shri. Sawalchand B Sanghvi, MumbaiMumbai3 Feb 2021Dismissed
Also relies on CIT v. Simit P. Sheth
The Tribunal upheld the CIT(A)'s order, directing the Assessing Officer to allow set-off of the Gross Profit already shown by the assessee from the net addition of 12.5% on account of bogus purchases. The revenue's groun...
- ITO 19(2)(4), Mumbai vs Nemichand Kaluchandji Shah, MumbaiMumbai3 Feb 2021Dismissed
Also relies on CIT v. Simit P. Sheth
The Tribunal upheld the CIT(A)'s order, directing the AO to allow set off of the Gross Profit already shown by the assessee from the net addition of 12.5% on account of bogus purchases. The revenue's grounds of appeal we...
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Latest GST High Court judgments
Search GST case law →- M/S Sahoo Supply Agency,Balasore vs. Central Board Of Indirect Taxes And Customs,New DelhiOrissa · 3 Nov 2026
- M/S Jyoti Consultants, Agrahat vs. Pr. Commissioner GST And Central Excise Commissionerate, BhubaneswarOrissa · 3 Nov 2026
- M/S. Sahoo Supply Agency vs. Central Board Of Indirect Taxes And CustomsOrissa · 3 Nov 2026
- Gopal Aromatic PVT. LTD., Cuttack vs. Union Of INDIAOrissa · 3 Nov 2026
- M/S. Nourangi Paints vs. The Union Of INDIAPatna · 2 Nov 2026