INCOME TAX OFFICER 19(2)(4), MUMBAI vs. MR. NARENDRA CHOWDHARY, MUMBIA

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ITA 5267/MUM/2019Status: DisposedITAT Mumbai11 March 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 CIT(A) reduced the addition by considering the assessee's declared GP ratio of 5.05%. The Tribunal found no infirmity in the CIT(A)'s order and upheld it.

What were the facts?

The Revenue appealed against the CIT(A)'s order concerning assessment year 2011-12. The Assessing Officer made an addition for bogus purchases of Rs. 11,96,250/- by estimating GP at 12.5%.

What were the issues?

Whether the CIT(A) was justified in reducing the addition on account of bogus purchases by considering the assessee's GP ratio.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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

Before: VIKAS AWASTHY & SHRI N.K.PRADHAN

For Respondent: Shri Sanjay J. Sethi
Hearing: 08/03/2021Pronounced: 11/03/2021

This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-4, Mumbai ( in short ‘the CIT(A)’) dated 07/05/2019 for the assessment year 2011-12.

2 आअसं. 5267/मुं/2019 (�न.व. 2011-12) (A.Y.2011-12)

2.

Shri Sanjay J. Sethi representing the Department submitted that the assessee has indulged in obtaining bogus purchase bills aggregating to Rs.95,69,998/- from various (3) hawala operators. Since, the assessee failed to discharge his onus in proving genuineness of the purchases and the dealers, the Assessing Officer held that the purchases are bogus and made addition of Rs.11,96,250/- by estimating G.P @ 12.5% of the total bogus purchases. The Assessing Officer made aforesaid addition in accordance with the decision rendered in the case of Simith P. Sheth, 356 ITR 451(Guj). In first appeal, the CIT(A) reduced the G.P declared by the assessee (5.05%) from the estimated addition of 12.5% made by Assessing Officer. Thus, the effective rate of addition sustained by CIT(A) was 7.45%

3.

We have heard the submissions made by ld.Departmental Representative and have examined the orders of authorities below. The assessee is engaged in trading of ferrous and non-ferrous metals. The assessee allegedly made purchases from dealers declared as hawala operators by the Sales Tax Department, Government of Maharastra. In the absence of any cogent evidences produced by assessee to prove genuineness of the purchases and the dealers, the Assessing Officer estimated profit on bogus purchases at 12.5% and made addition of Rs.11,96,250/-. In first appellate proceedings, the assessee furnished details of G.P ratio in the impugned assessment year and preceding four assessment years. The CIT(A) following the order of Tribunal in assessee’s own case in for assessment year 2010-11 reduced the G.P declared by assessee from G.P estimated by the Assessing Officer i.e. 12.5% - 5.05% = 7.45%. We do not find any infirmity in the impugned order. The same is upheld and appeal by the Revenue is dismissed being devoid of merit.

3 आअसं. 5267/मुं/2019 (�न.व. 2011-12) (A.Y.2011-12)

4.

In the result, appeal by Revenue is dismissed.

Order pronounced in the open court on Thursday the 11th day of March, 2021.

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