ITO 26(1)(5), MUMBAI vs. SHRI. GUL NARAINDAS MULCHANDANI, 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 decision of the Commissioner (Appeals) to restrict the disallowance of non-genuine purchases to 12.5%. This was considered fair and reasonable given that the assessee had effected corresponding sales and was in possession of the goods.
What were the facts?
The Assessing Officer (AO) received information about non-genuine purchases made by the assessee using accommodation bills. The AO re-opened the assessment and disallowed a portion of these purchases, considering the corresponding sales and possession of goods. The Commissioner (Appeals) further restricted the disallowance.
What were the issues?
The primary issue was the quantum of disallowance for non-genuine purchases when the assessee had made corresponding sales and possessed the goods.
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
Date of Hearing – 03.02.2021 Date of Order – 16.02.2021
O R D E R PER SAKTIJIT DEY. J.M.
The captioned appeals filed by the Revenue arise out of two separate orders passed by the learned Commissioner of Income Tax (Appeals)–38, Mumbai, for the assessment years 2010–11 and 2011– 12.
2 Shri Gul Naraindas Mulchandani
The only common dispute in both the appeals relate to partial relief granted by learned Commissioner (Appeals) in the matter of addition made on account of non–genuine purchases.
Brief facts, which are common in both the appeals are, the assessee, an individual, is stated to be engaged in the business of trading in textiles. For the assessment years under consideration, the assessee had filed his returns of income in regular course which were processed under section 143(1) of the Act. Subsequently, the Assessing Officer received information from the Sales Tax Department through Investigation Wing to the effect that the assessee is a beneficiary of accommodation bills by way of non–genuine purchases amounting to ` 3,40,275 in assessment year 2010–11 and ` 40,063 in assessment year 2011–12. On the basis of such information, the Assessing Officer re–opened the assessments under section 147 of the Act. During the assessment proceedings the Assessing Officer called upon the assessee to prove the genuineness of purchases. Though, the assessee furnished some documentary evidences, however, they were not to the satisfaction of the Assessing Officer. Further, as observed by the Assessing Officer, notices issued under section 133(6) of the Act to independently verify the genuineness of purchases also returned back un–served. Thus, the Assessing Officer ultimately concluded that the purchases are non–genuine. However, considering the fact that the 3 Shri Gul Naraindas Mulchandani assessee had effected corresponding sales, the Assessing Officer concluded that the assessee was in possession of the disputed goods. Therefore, instead of disallowing the entire purchases, he disallowed 20% and 21.27% of the alleged non–genuine purchases in assessment years 2010–11 and 2011–12 respectively. Effectively, the Assessing Officer disallowed an amount of ` 68,055 in assessment year 2010–11 and ` 8,521 in assessment year 2011–12. The assessee contested the aforesaid disallowances before learned Commissioner (Appeals).
After considering the submissions of the assessee in the context of the facts and material on record, learned Commissioner (Appeals) restricted the disallowance to 12.5% of the alleged non–genuine purchases in both the assessment years under dispute.
I have considered rival submissions the material on record. Though, it may be a fact that the assessee was unable to furnish complete evidences to conclusively prove the source of purchases, however, the fact that the assessee had purchased the goods, possibly from unverified sources, has not been disputed by the Assessing Officer since he has accepted that the disputed goods representing such purchases were in possession of the assessee. Therefore, instead of disallowing the entire purchases, he has restricted the disallowance to gross profit rate declared by the assessee. Whereas, learned
4 Shri Gul Naraindas Mulchandani Commissioner (Appeals) has restricted such disallowance to 12.5% of non–genuine purchases. Thus, the dispute is basically with the percentage of disallowance. Keeping in view the generally followed legal position in these types of cases, I am of the considered opinion that the decision of learned Commissioner (Appeals) in restricting the disallowance to 12.5% of the non–genuine purchases is fair and reasonable, hence, deserves to be upheld. Accordingly, I do so. Grounds are dismissed.
In the result, appeals are dismissed. Order pronounced on 16.02.2021
More judgments on Section 147
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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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