ITO 28 (2)(3), MUMBAI vs. NATHU DAGDU DAHIBHATE, 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 decision to restrict the disallowance to 12.5% of the non-genuine purchases, considering that the sales were not doubted. This approach allows for the addition of the profit element in unverified purchases.
What were the facts?
The Assessing Officer reopened the assessment based on information that purchases made by the assessee from four parties were non-genuine as the sellers were hawala operators. The assessee provided some documents but not all requested details, and notices to sellers were unserved.
What were the issues?
Whether the entire non-genuine purchases should be disallowed or only the profit element embedded in them, when sales are not doubted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI PRAMOD KUMAR & SHRI SAKTIJIT DEY
O R D E R Per Saktijit Dey (JM): This is an appeal by the revenue against order dated 26-07-2019 of learned Commissioner of Income-tax (Appeals)-26, Mumbai for the assessment year 2011- 12. 2. When the appeal was called for hearing, no one was present for the assessee. Considering the nature of dispute, we proceed to dispose of the appeal ex parte qua the assessee, after hearing the learned Departmental Representative and on the basis of material available on record.
The dispute in the present appeal is confined to the partial relief granted by the learned Commissioner of Income-tax (Appeals) in the matter of addition made on account of non-genuine purchases.
Briefly the facts are, the assessee is an individual and is stated to be engaged in the business of manufacturing of control panels through his proprietary concern, M/s Classic Electricals. For the assessment year under dispute, assessee had filed his return of income on 30-09-2011 declaring total income of Rs.3,05,660/-. Subsequently, the assessing officer received information from the Sales-tax Department,Government of Maharashtra through the DGIT (Inv), Mumbai that purchases worth Rs.20,48,435/- claimed to have been made during the year from four parties are non-genuine, as, the concerned selling dealers were identified as hawala operators providing accommodation bills. On the basis of such information, assessing officer reopened the assessment under section 147 of the Income Tax Act, 1961. In course of assessment proceedings, assessing officer called upon the assessee to prove the genuineness of the transactions through supporting evidence. In response to the query made, the assessee furnished audited financial statement, ledger copies of the concerned selling dealer,etc. However, as alleged by the assessing officer, the assessee did not submit details of goods purchased, stock register, sales register, bank account statements, etc. Further, as observed by the assessing officer, notices issued under section 133(6) of the Act to the concerned selling dealers returned back unserved. Thus, ultimately, the assessing officer concluded that the purchases are non-genuine and accordingly, added back to the income of the assessee. Assessee contested the aforesaid addition before the first appellate authority. After considering the submissions of the assessee in the context of facts and materials on record, learned Commissioner of Income-tax (Appeals) restricted the disallowance to 12.5% of the alleged non genuine purchases.
We have considered the submissions of learned Departmental Representative and perused materials on record. As rightly observed by learned Commissioner of Income-tax (Appeals), the sales shown by the assessee have not been doubted by the assessing officer. That being the case, the logical conclusion would be, in absence of the disputed purchases corresponding sales could not have been made. Therefore, the doubt, if any, is only with regard to the source of purchases. In the aforesaid scenario, it can be concluded that the assessee might have purchased the goods from unverified sources, thereby, suppressing its true profits. In such circumstances, only the profit element embedded in such unverified purchases can be considered for addition. In the instant case, learned Commissioner of Income-tax (Appeals) has exactly done so. Insofar as estimation of profit element at 12.5%, in our view, it is fair and reasonable and is in conformity with the decisions of the higher appellate authorities including Tribunal in similar matters.
In view of the aforesaid, we uphold the decision of learned Commissioner of Income-tax (Appeals) on the issue. Grounds raised
are allowed.
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
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