ITO 15(3)(3), MUMBAI vs. JATINDER S MATHARU, 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 Commissioner (Appeals)'s decision, stating that while the assessee failed to prove purchases from the declared source, the consumption and sales turnover were not disputed. Therefore, only the profit element in such purchases should be added, and the 12.5% disallowance was fair.
What were the facts?
The Assessing Officer reopened the assessment based on information about accommodation entries and bogus purchases. The assessee failed to prove the genuineness of purchases worth Rs. 4,26,949, leading to an addition. The Commissioner (Appeals) restricted the disallowance to 12.5% of the non-genuine purchases.
What were the issues?
Whether the entire amount of non-genuine purchases should be disallowed, or only the profit element embedded therein, when consumption and sales are not disputed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC–III” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY
The aforesaid appeal has been filed by the Revenue challenging 18thJanuary the order dated 2019, passed by the learned Commissioner (Appeals)–26, Mumbai, pertaining to the assessment year 2009–10.
When the case was called for hearing, none appeared on behalf of the respondent assessee. Therefore, I proceed to dispose off the appeal ex–parte qua the assessee after hearing the learned Departmental Representative and on the basis of material on record.
2 Smt. Jatinder S. Matharu
The only issue raised in the present appeal relates partial reduction of addition made on account of non–genuine purchases.
Brief facts are, the assessee is an individual carrying on business in manufacturing of cold mill machinery, rolling mill machinery and rolling mill equipment. For the assessment year under dispute, the assessee filed his return of income in the regular course on 29th September 2009, declaring total income of `8,14,949. Subsequently, on the basis of information received from the Sales Tax authorities through the Investigation Wing of the Department indicating that the assessee is a beneficiary of accommodation entries provided by hawala operators through bogus purchase bills, the Assessing Officer re– opened the assessment under section 147 of the Income Tax Act, 1961 (for short "the Act"). During the assessment proceedings, the Assessing Officer called upon the assessee to prove the genuineness of purchases worth `4,26,949, claimed to have been made during the year from two parties. Further, to independently verify the genuineness of such purchases, the Assessing Officer issued notices under section 133(6) of the Act to the selling dealers calling for certain information, however, all such notices returned back unserved. Even, the Assessing Officer was not satisfied with the evidences furnished by the assessee to establish the genuineness of purchases. Thus,
3 Smt. Jatinder S. Matharu ultimately, the Assessing Officer treated the purchases worth `4,26,949, as non–genuine and added back to the income of the assessee. Being aggrieved with such addition, the assessee preferred appeal before the first appellate authority.
After considering the submissions of the assessee in the context of facts and material on record, learned Commissioner (Appeals) restricted the disallowance made by the Assessing Officer to 12.5% of the alleged non–genuine purchases.
Before me, the learned Departmental Representative strongly relied upon the observations of the Assessing Officer and submitted that the assessee having failed to prove the genuineness of purchases, the entire amount representing such purchases has to be added.
Having considered the submissions of the learned Departmental Representative, I find that though the assessee may not have been able to prove the genuineness of purchases from the declared source, however, it is a fact on record that the Assessing Officer has not disputed the consumption of material and sale turnover declared by the assessee. Therefore, it goes to prove that the assessee must have purchased goods from some other undisclosed source. In such circumstances, the entire purchases cannot be disallowed, but only the profit element embedded in such purchases can be considered for 4 Smt. Jatinder S. Matharu addition. Therefore, keeping in view the decision of the Tribunal in identical nature of cases, the decision of learned Commissioner (Appeals) to restrict the disallowance to 12.5% of the non–genuine purchase is fair and reasonable requiring no interference from this forum. Accordingly, I uphold the order of learned Commissioner (Appeals) by dismissing the grounds raised by the Revenue.
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
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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