HARISH KUMAR ARORA,DELHI vs. ITO WARD-63(3), NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the AO rightly made the addition under Section 69C as the assessee failed to produce books of accounts or offer explanations for the bogus purchases. The CIT(A) also confirmed the addition after reviewing the evidence.
What were the facts?
The Assessing Officer (AO) reopened the assessment based on information that the assessee obtained accommodation entries for bogus purchases. The AO treated purchases of Rs. 7,44,644/- as bogus after the assessee failed to provide books of accounts or satisfactory explanations.
What were the issues?
Whether the reassessment proceedings were validly initiated and whether the addition for bogus purchases was justified given the lack of evidence from the assessee.
Which sections of the Income-tax Act were involved?
Section 69C,Section 147,Section 148,Section 131,Section 4,Section 5,Section 14
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘I (2
Before: MS SUCHITRA KAMBLE, & SHRI PRASHANT MAHARISHI
ORDER
PER SUCHITRA KAMBLE, JM
This appeal is filed by the assessee against the order dated 09/01/2019 passed by CIT(A)-18, New Delhi for Assessment Year 2007-08.
The grounds of appeal
are as under:-
1. On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals) [CIT(A)] is bad, both in the eyes of law and on facts.
2. On the facts and circumstances of the case, learned CIT(A) has erred, both on facts and in law in rejecting the contention of the assessee that the initiation of the reassessment proceedings and the reassessment order are bad, both on the facts and in law and liable to be quashed, as the statutory conditions and procedure prescribed under the statute have not been complied with.
3 (i) On the facts and circumstances of the case, learned CIT(A) has erred, both on facts and in law in rejecting the contention of the assessee that the reassessment proceedings initiated by the AO are bad in the eyes of law, as the reasons recorded for the issue of notice under section 148 are bad in the eyes of law and are contrary to the facts.
(ii) On the facts and circumstances of the case, learned CIT(A) has erred, both on facts and in law in rejecting the contention of the assessee that the reassessment order passed by the AO is bad and liable to be quashed as the same has been reopened on the basis of the reasons which are vague and have been recorded without application of mind on the part of the AO.
4. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the addition of an amount of Rs. 1,86,161/- on account of purchases made by the assessee treating the same as bogus invoking section 69C of the Income Tax Act.
(5) (i) On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law in confirming that the firm M/s Om Agencies,, is not engaged in actual business ignoring the fact that during the course of search on these firms substantial inventory in respect of the material being purchased by the assessee was found, which confirms the fact that these firms were doing actual business. (ii) On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law in rejecting that the inference drawn by the AO merely on the basis of a statement that these firms are not in actual business is baseless and contrary to the facts on record
6. On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law in rejecting the contention of the assessee in ignoring
the fact that the quantity purchased and sold being completely tallying, the allegation that the assessee has not made purchases cannot be sustained.
7. On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law in confirming the addition on account of bogus purchases, despite their being adequate material and evidences brought on record by the assessee before the AO to show that the purchases and sales were made in the regular course of business.
8. On the facts arid circumstances of the case, the learned CIT(A) has erred, both on facts and in law in rejecting the contention of the assessee that the addition so made on the basis of material collected at the back of the assessee, is bad in law and liable to be deleted.
On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law in rejecting the contention of the assessee that the addition made by the AO is untenable in the eyes of law, having been made without providing opportunity to cross examine the person on the basis of whose statement the allegations have been made against the assessee and without following the principles of natural justice.
The assessee filed return of income on 23.10.2007 at a total income of 3. Rs. 1,03,000/-. Assessment u/s 143(3) of the Act was completed on 24.11.2009 at a total income of Rs. 1,31,658/-. Subsequently, the Assessing Officer received an information from the Investigation Wing through CIT(Central)- New Delhi, as per which the appellant has obtained accommodation entries in the form of bogus purchases through various persons namely, Sh. Rakesh Gupta, Sh. Vishesh Gupta, Sh. Navneet Jain and Sh. Vaibhav Jain. Based on the information, the Assessing Officer reopened assessment u/s 147 of the Act and issued notice u/s 148 on 31.03.2014. During the course of assessment proceedings, the Assessing Officer issued a detailed show cause notice to the appellant on 20.02.2015 in which the details of the accommodation entries amounting to Rs. 7,44,644/- obtained by the appellant in the name of his proprietorship concern M/s Lakshmi Metal Traders from a concern namely, M/s Om Agencies, was furnished to the assessee and it was also stated that Sh. Rakesh Gupta and Sh. Vishesh Gupta have admitted to have provided accommodation entries in their statements recorded during the course of search proceedings u/s 132 and thereafter in the statements recorded by ACIT, Central Circle-10, New Delhi on 12.02.2013 and 04.02.2013 respectively. It was also stated that these persons have also filed affidavits in which they have confirmed that they were not making any actual sales but were issuing bogus purchase bills to provide accommodation entries. The appellant was asked to show cause why these purchases booked by the appellant amounting to Rs. 7,44,644/- be not treated as bogus purchases and be not added to the total income. The AO had also issued summons u/s 131 of the Act to Sh. Rakesh Gupta and Sh. Vishesh Gupta during the course of assessment proceedings in other cases pending before him and has recorded the statements in which they have reconfirmed the fact that they are providing accommodation entries and are not engaged in any actual sale. The appellant also failed to furnish the books of accounts before the AO. The AO was also not satisfied with the reply of the appellant and therefore, the AO has treated these purchases of Rs. 7,44,644/- as bogus purchases and has treated the same as income of the appellant u/s 69C of the Act.
Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee.
At the time of hearing, none appeared for the assessee and there is no application for adjournment. The notice has been duly served to the assessee. Therefore, we are proceeding on the basis of the submissions made by the assessee before the Assessing Officer as well as before the CIT(A).
The Ld. DR relied upon the assessment order and the order of the CIT(A).
We have heard the Ld. DR and perused the material available on record. Despite giving notice none appeared for the assessee and there is no adjournment application filed before us. After going through the assessment order and CIT(A), we find that the Assessing Officer in Para 17 observed that summons u/s 131 was responded and the confirmation and explanation was given by describing state wise procedure for providing bogus purchase bill/accommodation entry. The Assessing Officer has taken cognizance of the documents/evidences produced by the assessee during the assessment proceedings. During the assessment proceedings no books of accounts were produced by the assessee and no explanation was offered as regards bogus purchase of Rs. 7,44,644/-. Therefore, the Assessing Officer has rightly made addition u/s 69C read with Section 4, 5 and 14 of the Income Tax Act, 1961. The CIT(A) also confirmed the addition after going through all the evidences produced by the assessee before the Revenue authorities. The assessee failed to establish the bogus purchases. Therefore, there is no need to interfere with the findings of the CIT(A). Hence, appeal of the assessee is dismissed.
In result, appeal of the assessee is dismissed. Order pronounced in the Open Court on 02nd March, 2020.
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