ITO-20(2)(1), MUMBAI, MUMBAI vs. MUKESH KUMAR KISHOREMAL DOSHI, MUMBAI

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ITA 5743/MUM/2019Status: DisposedITAT Mumbai01 July 2021AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s finding that while the assessee failed to prove the genuineness of dealers and purchases, the Assessing Officer's estimation of profit margin was on the higher side. The CIT(A)'s estimation of 5% profit was concurred with.

What were the facts?

The Revenue appealed against the CIT(A)'s order concerning assessment year 2009-10. The assessee dealt in Aluminium Extrusions and Glass and had obtained bogus purchase bills from hawala dealers. The Assessing Officer made an addition based on estimated profit, which the CIT(A) restricted.

What were the issues?

The primary issue was the estimation of profit on bogus purchases when the genuineness of the purchases could not be substantiated by the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC ”, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 06/04/2021Pronounced: 01/07/2021

ORDER This appeal by the Revenue is directed against the order Commissioner of Income Tax(Appeals)-32, Mumbai [in short 'the CIT(A)’] dated 12/06/2019 for the assessment year 2009-10.

2.

Ms. Smita Verma representing the Department submitted that the assessee is a dealer in Aluminium Extrusions and Glass. The assessment in the case of the assessee for assessment year 2009-10 was reopened on the ground that the assessee has obtained bogus purchase bills amounting to Rs.1,02,19,926/- from six hawala dealers during the period relevant to the assessment year under appeal. During assessment proceedings the assessee

1.

(A.Y 2009-10) could neither prove genuineness of the dealers nor purchases made from them. Thus, the Assessing Officer made addition of Rs.12,77,491/- by estimating profit margin of 12.5% on bogus purchases. In first appellate proceedings the CIT(A) restricted the addition to Rs.5,10,996/- by estimating profit at 5% of the bogus purchases. The ld.Departmental Representative prayed for restoring disallowance on bogus purchases made by the Assessing Officer .

3.

Submissions made by ld.Departmental Representative heard, orders of authorities below examined. Undisputedly, the assessee failed to discharge his onus in proving genuineness of the dealers and the purchases made from them. At the same time it is observed that the Assessing Officer has not disputed the sales turnover declared by the assessee. The assessee has declared G.P rate of 3.67%. The same has been accepted by the Assessing Officer. Estimation of G.P @ 12.5% on alleged bogus purchases by the Assessing Officer is on higher side. The CIT(A) has estimated the profit margin of 5%. I concur with the findings of CIT(A). Hence, the impugned order warrants no interference, the same is upheld and the appeal of Revenue is dismissed being devoid of any merit.

4.

In the result, appeal by the Revenue is dismissed.

Order pronounced in the open Court on Thursday, the 1st day of July, 2021

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