ACIT 21 (1), MUMBAI vs. DINESH PANDURANG KUDAV, MUMBAI

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ITA 4969/MUM/2019Status: DisposedITAT Mumbai11 March 2021AY 2009-103 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 sustain only 25% of the bogus purchases. It reasoned that when sales are not doubted, 100% disallowance of purchases is not justified, as sales are impossible without actual purchases.

What were the facts?

The Revenue is aggrieved by the CIT(A)'s reduction of additions for bogus purchases from 100% to 25%. The Assessing Officer (AO) made the addition based on information from the sales tax department regarding purchases from bogus dealers.

What were the issues?

Whether 100% disallowance of purchases is justified when sales are not doubted. The extent to which disallowance should be made for purchases from bogus dealers when sales are accepted.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” Bench, Mumbai

For Appellant: Shri Rashmikant Modi
For Respondent: Shri Bharat Andhle
Hearing: 10.03.2021Pronounced: 11.03.2021

Heard together (2 matters)

I.T.A. No. 4969/Mum/2019
I.T.A. No. 4970/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R Per Shamim Yahya (AM) :-

These are appeals by the Revenue wherein the revenue is aggrieved that the learned Commissioner of Income Tax (Appeals) [in short learned CIT(A)] has reduced the addition for bogus purchase done @ 100% by Assessing Officer by sustaining only 25% for the AY 2009-10 & 2020-11 respectively.

2.

The assessee in this case is engaged into the business of manufacturing of bulk drug intermediates and chemicals. The assessment was reopened upon information from sales tax department that assessee has made purchases from bogus dealers, the AO made 100% addition of the bogus purchase as under:-

Assessment year Amount Rs. 2009-10 15,05,790/- 2010-11 2,54,509/-

3.

Upon assessee's appeal learned CIT-A has noted that the sales has not been doubted. Accordingly placing reliance upon several case laws and up on 2 Dinesh Pandurang Kudav the facts of the case he sustained 25% disallowance out of the bogus purchases.

4.

Against above order revenue is in appeal before the ITAT. We have heard both the parties and perused the records. We find that in this case the sales have not been doubted nor any defect has been pointed out consumption ratio. It is settled law that when sales are not doubted, hundred percent disallowance for bogus purchase cannot be done. The rationale being no sales is possible without actual purchases. This proposition is supported from honourable jurisdictional High Court decision in the case of Nikunj Eximp Enterprises (in writ petition no 2860, order dt 18.6.2014). In this case the honourable High Court has upheld hundred percent allowance for the purchases said to be bogus when sales are not doubted. However the facts of the present case indicate that assessee has made purchase from the grey market. Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. In such situation in our considered opinion on the facts and circumstances of the case the 25% disallowance out of the bogus purchases done by the learned CIT-A meets the end of justice. Accordingly, we uphold the order of learned CIT-A.

5.

In the result, these appeals filed by the Revenue stand dismissed.

Pronounced in the open court on 11.3.2021.

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