ITO 27(1)(5), MUMBAI vs. M/S JITENDRA D SHAH HUF, MUMBAI

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ITA 4457/MUM/2019Status: DisposedITAT Mumbai01 April 2021AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to restrict the addition to 8% of the bogus purchases, considering it a reasonable profit margin for the trading of iron and steel. The High Court's ruling that only the profit element in bogus purchases can be taxed was also noted.

What were the facts?

The Revenue appealed against an order that restricted an addition made on account of bogus purchases. The assessee had obtained purchase bills from dealers declared as hawala operators and failed to prove the genuineness of these purchases.

What were the issues?

Whether the addition made by the Assessing Officer on account of bogus purchases was justified, and if the profit element estimated by the CIT(A) was fair.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 04/01/2021Pronounced: 01/04/2021

अपीलाथ� �वारा/ Appellant by : Shri Sanjay J. Sethi ��तवाद� �वारा/Respondent by : None सुनवाई क� �त�थ/ Date of hearing : 04/01/2021 घोषणा क� �त�थ/ Date of pronouncement : 01/04/2021 आदेश/ ORDER

This Appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals) -26, Mumbai (in short ‘the CIT(A))dated 05/04/2019 for the assessment year 2011-12.

2.

Shri Sanjay J. Sethi representing the department submitted that during the period relevant to the assessment year under appeal the assessee has obtained bogus purchase bills amounting to Rs.43,89,518/- from two dealers declared as hawala operators by the Sales Tax Department, Government of Maharashtra. During assessment proceedings, the assessee failed to prove genuineness of purchases and आअसं. 4457/मुं/2019 (�न.व.2011-12) (A.Y.2011-12)

the dealers. The Assessing Officer made addition by estimating profit embedded in bogus purchases as 12.5%. The assessee filed appeal against assessment order dated 27/07/2016 passed under section 143 (3) r.w.s. 147 of the Income Tax Act, 1961 (in short ‘the Act’). The CIT(A) restricted the addition to 8% of bogus purchases. The ld. Departmental Representative submitted that estimation of profit by Assessing Officer was fair and justified. The ld. Departmental Representative prayed for reversing the findings of CIT(A) and restoring the addition made in assessment order.

3.

The submissions made by ld. Departmental Representative heard and orders of authorities below examined. The assessee is a trader of iron and steel. During the period relevant to assessment year under appeal the assessee allegedly obtained bogus purchase bills aggregating to Rs.43,89,518/-. Undisputedly, the assessee failed to discharge its onus in proving genuineness of purchases and authenticity of the dealers. The Hon'ble Jurisdictional High Court in the case PCIT vs Pramashakti Distributors Pvt. Ltd. in Income Tax Appeal 413 of 2017 decided on 15/7/2019 has held that only the profit element embedded in bogus purchases can be taxed. The G.P. estimated by Assessing Officer on bogus purchases is on higher side. Generally, the profit margin in trading of ferrous and non-ferrous metals range from 5% to 8%. I find no error in estimation of profit at 8% by the CIT(A). The impugned order is upheld and the appeal by Revenue is dismissed, sans-merit.

4.

In the result, appeal by the Revenue is dismissed.

Order pronounced in the open Court on Thursday, the 01st day of April, 2021.

Sd./- (VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER मुंबई/Mumbai, �दनांक/Dated: 01/04/2021 Vm, Sr. PS (O/S)

आअसं. 4457/मुं/2019 (�न.व.2011-12) (A.Y.2011-12)

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