ITO 33 (1)(8), MUMBAI vs. SHRI. SANDEEP PRAMODKUMAR GULATI, 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 no infirmity. It acknowledged that while the assessee failed to prove the genuineness of purchases, only the profit element embedded in such transactions should be taxed.
What were the facts?
The Revenue appealed against the CIT(A)'s order which restricted an addition on account of alleged bogus purchases to 12.5%. The AO had made an addition on the entire amount of alleged bogus purchases of Rs. 8,68,015/-.
What were the issues?
Whether the entire amount of alleged bogus purchases should be added to the assessee's income, or only the profit element embedded therein.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
PER VIKAS AWASTHY, J.M: This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-45, Mumbai [hereinafter referred to as ‘the CIT(A)’] ' dated 05.09.2019 for the Assessment Year (AY) 2011-12.
आअसं. 7698/मुं/2019 (िन.व.2011-12) (A.Y.2011-12)
The brief facts of the case as emanating from records are: The assessee is a reseller of hardware and tools. The assessment in the case of assessee for AY 2011-12 was reopened on the basis of information received from the DGIT (Investigations), Mumbai. As per information received, the assessee had obtained accommodation entries amounting to Rs. 8,68,015/- from M/s Ankit Enterprises. The AO made addition on entire alleged bogus purchases. Against the assessment order dated 21.12.2018, the assessee filed appeal before the CIT(A). The CIT(A) after examining the facts restricted the addition to 12.5% of bogus purchases. Against the findings of the CIT(A), the Revenue is in appeal.
Shri Sanjay J. Sethi representing the Department vehemently defended the assessment order. In support of his submissions, the ld. DR placed reliance on the decision rendered in the case of N.K. Proteins Ltd. by the Hon’ble Supreme Court of India. The ld. DR submitted that the assessee has not been able to prove genuineness of the purchases and authenticity of the dealer.
Submissions made by ld. DR heard and orders of authorities below examined. Undisputedly, the assessee has failed to discharge his onus in proving genuineness of the dealer and the purchases made from the said dealer. At the same time, the AO accepted the sales turnover declared by the assessee. Without purchases, there cannot be sale. In such like bogus transactions, it is only the profit element embedded in the transaction that can be brought to tax. (Re: PCIT vs. Paramshakti Distributors Pvt. Ltd. in of 2017 decided on 15.07.2019 by Hon’ble Bombay High Court). The CIT(A) after examining the facts of case and considering various decisions rendered by the Tribunal restricted the addition to 12.5% of bogus purchases. I find no आअसं. 7698/मुं/2019 (िन.व.2011-12) (A.Y.2011-12)
infirmity in the impugned order, hence, the same is upheld and appeal of the Revenue is dismissed, being devoid of any merit.
Order pronounced in the open court on Thursday, the 10th day of June, 2021. Sd/- (VIKAS AWASTHY) �याियक सद�य / JUDICIAL MEMBER मुंबई/Mumbai, 3दनांक/Dated: 10/06/2021 SK, PS *ितिल�प अ4े�षत *ितिल�प अ4े�षतCopy of the Order forwarded to : *ितिल�प अ4े�षत *ितिल�प अ4े�षत 1. अपीलाथ)/The Appellant , 2. *ितवाद,/ The Respondent. 3. आयकर आयु5(अ)/ The CIT(A)- 4. आयकर आयु5 CIT 5. �वभागीय *ितिनिध, आय.अपी.अिध., मुबंई/DR, ITAT, Mumbai 6. गाड9 फाइल/Guard file.
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