ITO 21 (1)(5), MUMBAI vs. M/S ILLUMINATION ENTERPRISES, 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 disallowance to 20% of the alleged non-genuine purchases. The Tribunal found the AO's initial 40% disallowance to be excessive, considering the assessee had provided purchase invoices, ledger copies, and bank statements showing payments.
What were the facts?
The Assessing Officer (AO) reopened the assessment based on information from the sales-tax department that the assessee made purchases worth Rs. 3,27,940/- from hawala operators. The AO disallowed 40% of these purchases, adding Rs. 1,31,176/- to the income. The CIT(A) reduced this disallowance to 20%.
What were the issues?
The primary issue was the quantum of disallowance for non-genuine purchases. The Tribunal had to determine if the AO's or CIT(A)'s disallowance was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SMC BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY
O R D E R This is an appeal by the revenue against order dated 31-05-2019 of learned Commissioner of Income-tax (Appeals)-33, Mumbai for the assessment year 2009- 10. 2. When the appeal was called up for hearing, no one was present on behalf of the assessee to represent the case. Considering the nature of dispute, I proceed to dispose of the appeal ex parte qua the assessee after hearing the learned Departmental Representative and on the basis of materials on record.
The dispute in the present appeal is confined to partial relief granted by learned Commissioner (Appeals) in the matter of addition made on account of non genuine purchases.
Briefly the facts are, the assessee, a partnership firm, is stated to be engaged in the business of specialization in lighting system. For the assessment year under dispute, assessee filed its return of income on 25-09-2009 declaring total income of Rs.19,82,050/-. The return of income filed by the assessee was initially processed u/s 143(1) of the Act. Subsequently, the assessing officer received information from the sales-tax department through Investigation Wing that the assessee is a beneficiary of accommodation bills representing purchases worth Rs.3,27,940/- from seven parties identified as hawala operators. On the basis of such information, the assessing officer reopened the assessment under section 147 of the Act. During the assessment proceedings, the assessing officer called upon the assessee to prove the genuineness of the disputed purchases. Further, to independently verify the purchases, the assessing officer issued notices under section 133(6) of the Act to the concerned parties. However, as alleged by the assessing officer, all such notices returned back unserved. Further, the documentary evidences furnished by the assessee also could not satisfy the assessing officer regarding the genuineness of the purchases. Therefore, the assessing officer treated the purchases as non genuine. Having held so, the assessing officer disallowed 40% out of such purchases and added back an amount of Rs.1,31,176/- to the income of the assessee. Assessee contested the aforesaid addition before learned Commissioner (Appeals). After considering the submissions of the assessee in the context of facts and materials on record, learned Commissioner (Appeals) reduced the disallowance to 20% of the alleged non genuine purchases.
The learned Departmental Representative submitted, the assessee having not proved the fact that purchases made from the concerned parties are genuine, the disallowance made by the assessing officer should have been upheld.
I have heard learned Departmental Representative and perused materials on record. Undisputedly, the assessing officer was in possession of certain information from the Sales-Tax department which indicated that certain purchases made by the assessee were non genuine. However, in course of assessment proceedings, as noted by the assessing officer, the assessee had furnished purchase invoices, ledger account copies, copies of delivery challan, copies of bank statement showing payment made to the selling dealers, etc. Further, it is a fact that the sales effected by the assessee has not been disputed. Thus, the doubt entertained by the assessing officer was only with regard to the source of purchases. For this reason alone, instead of disallowing the entire purchases, the assessing officer has disallowed 40% out of such purchases which has been reduced to 20% by learned Commissioner (Appeals). Thus, the dispute is only with regard to the quantum of disallowance to be made. After considering all relevant facts, I am of the opinion that disallowance made at 40% by the assessing officer is on a much higher side. Therefore, I am inclined to uphold the decision of learned Commissioner (Appeals) in restricting the disallowance to 20% of the alleged non genuine purchases. Grounds are dismissed.
In the result, appeal is dismissed.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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