ITO 22 (1)(5), MUMBAI vs. M/S GOLD COIN FASHION, 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 concurred with the CIT(A)'s decision to restrict the addition to 12.5% of bogus purchases, finding the Assessing Officer's estimation to be on the higher side.
What were the facts?
The assessee, engaged in readymade garments, obtained bogus purchase bills. The Assessing Officer made an addition based on an estimated profit margin, which was then restricted by the CIT(A).
What were the issues?
The primary issue was the estimation of profit on bogus purchases and whether the CIT(A) correctly restricted the addition.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
आदेश/ORDER
This appeal by Revenue is against the order of Commissioner of Income Tax (Appeals) -34, Mumbai [in short ‘the CIT(A)’] dated 09/05/2019 for the assessment year 2010-11.
Submission made by ld. Departmental Representative heard, orders of authorities below examined. The assessee is in the business of manufacturing and trading of readymade garments. The assessee had obtained bogus purchase bills amounting to Rs.1,77,408/- from M/s. Sakhti Trading Company, a declared hawala operator. In assessment proceedings the Assessing Officer made addition of Rs.44,352/- by estimating 25% margin of profit on bogus purchases. In First Appellate proceedings the CIT(A) restricted the addition at 12.5% on bogus purchases. The assessee has declared G.P of 14.05% for the relevant period. In my considered view estimation of G.P by Assessing Officer is very much on the higher side. I concur with the findings of the CIT(A), hence, the impugned order warrants no interference. The same is upheld and the appeal by Revenue is dismissed, sans merit.
Order pronounced in the open Court on Thursday, the 10th day of June, 2021.
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