DCIT 12(2)(1), MUMBAI vs. D R COATS INK AND RESINS P.LTD, 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 addition to 2% of the alleged bogus purchases, finding it judicious and correct based on various case laws and the assessee's own case. The assessee's cross-objections regarding the validity of reopening and the addition were dismissed.
What were the facts?
The Revenue appealed against the CIT(A)'s decision to restrict the addition on alleged bogus purchases from 12.5% to 2%. The assessee had claimed these purchases were genuine, supported by banking channels and delivery challans.
What were the issues?
Whether the addition on account of bogus purchases should be restricted, and the validity of the assessment reopening proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(5)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Simit P. Sheth1,465 citing356 ITR 451 · 2013 · HC
- CIT v. Bholanath Poly Fab. Pvt. Ltd.712 citing355 ITR 290 · 2013 · HC
- Sanjay Oilcake Industries v. CIT460 citing316 ITR 274 · 2009 · HC · Read judgment
- Sanjeev Woolen Mills v. CIT75 citing279 ITR 434 · 2005 · SC · Read judgment
- ITO v. Permanand39 citing107 TTJ 395 · 2007 · ITAT
Income Tax Appellate Tribunal, “D”
Before: SHRI RAJESH KUMAR, AM & SHRI AMARJIT SINGH, JM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
CO. No.240/Mum/2018 (Arising out of (निर्धारण वर्ा / Assessment Year: 2011-12) M/s. D. R. Coats Ink and बिधम/ DCIT 12(2)(1) Resins Pvt. Ltd. Room No. 223, 2nd Floor, Vs. 230 New Sonal Link Aayakar Bhavan, M. K. Industrial, Building No.2, Road, Mumbai-400020. Estate Link Road, Malad (W), Mumbai-400064 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AABCD8645A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue by: Shri Bharat Andhale (Sr. AR) Assessee by: Shri M. Subramaniam सुनवाई की तारीख / Date of Hearing: 06/01/2021 घोषणा की तारीख /Date of Pronouncement: 01/04/2021 आदेश / O R D E R
PER AMARJIT SINGH, JM:
The Revenue as well as assessee have filed the above mentioned appeal as well as cross objection against the order dated 28.04.2017 passed CO. No. 240/M/2018 A.Y. 2011-12 by the Commissioner of Income Tax (Appeals)-20, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2011-12.
The revenue has filed the present appeal against the order dated 28.04.2017 passed by the Commissioner of Income Tax (Appeals)-20, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2011- 12.
The Revenue has raised the following grounds: - “
1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in restricting the addition @ 2% of alleged bogus purchase without appreciating the facts that the Assessing Officer made the additions after elaborately considering and discussing all the relevant fact and case laws as is evident from the assessment order passed u/s 143(3) r.w.s. 147 of the I. T. Act.
2. The appellant prays that the order of the CIT(A) on the grounds be set aside and that of the Assessing Officer be restored.
3. The appellant craves leave to amend or alter any grounds or add a new ground.” CO. No. 240/M/2018 A.Y. 2011-12
4. The brief facts of the case are that the assessee filed its return of income on 29.09.2011 declaring total income to the tune of Rs.1,22,74,851/- for the A.Y.2011-12. The return was processed u/s 143(1) of the I. T. Act, 1961. The case was selected for scrutiny on the basis of the information received from the DGIT(Inv.) Mumbai in which it was conveyed that the assessee has taken the bogus purchase entry from the following two parties.:-
S. No. Name of the concern F.Y. Amounts (Rs.) 1 Everite Corporation 2010-11 5,49,18,518 2 S. B. Industries 2010-11 6,99,96,623 Total Rs.12,49,15,141/- Thereafter, the notice was given and after the reply of the assessee, the AO raised the addition to the extent of 12.5% of the total bogus purchase in sum of Rs.12,49,15,141/-. The total income of the assessee was assessed to the tune of Rs.2,78,86,240/-. Feeling aggrieved, the assessee has filed an appeal before the CIT(A) who restricted the addition to the extent of 2% of the total bogus purchase of Rs.12,49,15,141/- but the revenue was not satisfied, therefore, the revenue has filed the present appeal before us.
ISSUE NO. 1
We have heard the arguments advanced by the Ld. Representative of the parties and perused the record. Before going further, we deem it necessary to advert the finding of the CIT(A) on record.:- CO. No. 240/M/2018 A.Y. 2011-12 “5.4 I have gone through the assessment order and submissions made in this regard. It is noted that the A.O. had made addition out of purchase made by the assessee to the tune of 12,49,15,141/- on the basis of the information received from the VAT authorities. The A/R of the assessee has vehemently opposed the additions and submitted that the purchases were genuine. It was also submitted that payment was all made through banking channel and the delivery of materials was supported by delivery challans. It is stated that the A.O. had made addition on the basis of information received from VAT authorities without affording opportunity of cross-examination the assessee. It is noted that the entire matter pertains to hawala purchases from so called suspicious dealers as per the information of VAT authorities. The A.O. has disallowed these purchases as the assessee could not produce these parties for verification. It is noted that primary onus to establish that the purchases were genuine, was on the assessee. The assessee is only payable to discharge the complete onus. It is also noted that A.O. has simply made addition on the basis without much enquiry into the facts of the case. On the other assessee has filed copies of bills, bank statement etc. to establish that purchases were genuine. On the face of these evidence the entire purchases cannot be held to be bogus merely on the basis of a statement of seller who was never cross examined by the assessee. It is also noted that the items purchased were used as input into assessee’s product for sales which have been accepted by the department.”
On appraisal of the above mentioned finding, we find that the CIT(A) has decided the matter of controversy on the basis of the decision in ITA. No.4858/M/17 CO. No. 240/M/2018 A.Y. 2011-12 the case of (i) CIT Vs. Bholanath Poly Fab Ltd. (2013) 355 ITR 290 (Guj) (ii) CIT Vs. Simit P. Sheth (2013) 356 ITR 451 (Guj) (iii) CIT Vs. Sanjay Oil Cake Industries (2009) 316 ITR 274 (Guj) (iv) ITO Vs. Permanand (2007) 107 TTJ 395 (Jd) (Trib) (v) Shri Madhukant B. Gandhi Vs. ITO Bench „B‟ Dated 23.02.2010 (AY 2005-06) & (vi) Sanjeev Woolen Mills Vs. CIT (2005) 279 ITR 434 (SC). The CIT(A) has considered the Gross Profit (G.P) ratio of the bogus purchase items. Moreover, we also find that the issue has duly been covered with the decision of the ITAT in the assessee’s own case in ITA. No.2143/M/2017 & 2144/M/2017 dated 30.12.2019. Taking into account all the facts and circumstances of the case, we are of the view that the CIT(A) has decided the matter of controversy judiciously and correctly which is not liable to be interfered with at this appellate stage. Accordingly, we decide this issue in favour of the assessee against the revenue.
C.O. NO.240/M/2018 The assessee has filed the present cross objection against the order dated 28.04.2017 passed by the Commissioner of Income Tax (Appeals)- 20, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2011-12.
The assessee has raised the following cross-objections.:-
“1. On the facts and in the circumstances of the case and in law, the proceeding initiated u/s 147 is invalid and bad in law and the Ld. CIT(A) erred in upholding the same as valid.
CO. No. 240/M/2018 A.Y. 2011-12 2. On the facts and in the circumstances of the case and in law, the Ld. order passed u/s 143(3) r.w.s. 147 is invalid and bad in law.
3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in retaining addition to the extent of Rs.24,98,303/- out of addition made as bogus purchase and that too without assigning any proer reason.
On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in upholding the interest charges 234B of the Act. The assessee has filed the application for condonation of delay.
The Ld. Representative of the assessee has argued that the assessee no doubt filed the present cross-objection delayed for the period of 32 days but the delay is very much explained and unintentional and in this regard the facts have already been filed, therefore, the delay is liable to be condoned in the interest of justice. On appraisal of the application and affidavit, we noticed that the appeal has been filed delayed on account of the reason that the department’s appeal papers for A.Ys. 2009-10 & 2010-11 (though filed prior to the appeal for A.Y. 2011-12) were served on the assessee on 11th July, 2018 and the assessee company inadvertently overlooked the date of receipt of the Form No.36 & grounds of appeal for A.Y. 2011-12 and the time limit for filing the C.O, consolidated and filed the cross-objections for all three years together, therefore, in the said circumstances and ITA. No.4858/M/17 CO. No. 240/M/2018 A.Y. 2011-12 specifically considering this fact that the delay is not so long, we condone the delay. C.O. NO.1 & 2 9. Under these issues the assessee has challenged the reopening of assessment u/s 147 of the Act. These issues are dealt and discussed by the Hon’ble ITAT in the assessee’s own case in & 2144/M/2017 dated 30.12.2019 for the A.Y.2008-09 & 2009-10 respectively. By honoring the same we decide these issues against assessee. C.O. NO. 3 10. Issue no. 3 has already been decided in ITA. No.4858/M/2017, therefore, there is no need to decide the same. Accordingly, we decide this issue against the assessee. C.O. NO.4 11. Issue no. 4 is in connection with the interest charged u/s 234B of the Act. It is consequential on account of the demand raising if any, therefore, applicable in accordance with law, hence, nowhere required for specific any adjudication.
CO. No. 240/M/2018 A.Y. 2011-12 12. In the result, appeal filed by the revenue is hereby dismissed and cross-objection filed by the assessee is also hereby dismissed.
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