ITO 19 (1)(3), MUMBAI vs. GANPATRAJ NEMAL JAIN, MUMBAI

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ITA 2730/MUM/2019Status: DisposedITAT Mumbai12 November 2020AY 2010-114 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 12.5% disallowance on bogus purchases. It was noted that when sales are not doubted, 100% disallowance is not justified, and 12.5% meets the ends of justice in this case.

What were the facts?

The Revenue appealed against the CIT(A)'s decision to reduce the addition for bogus purchases from 25% to 12.5%. The assessment was reopened based on information about purchases from bogus dealers, but the assessee's sales were not doubted.

What were the issues?

The primary issue was the extent of disallowance for bogus purchases when the assessee's sales were not doubted. The Tribunal also considered the implications of purchases made through the grey market.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

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, “SMC” BENCH, MUMBAI

Before: SRI SHAMIM YAHYA

For Appellant: Shri Smita Verma, DR
Hearing: 09.11.2020Pronounced: 12.11.2020

आदेश / O R D E R

1.

This is an appeal by the Revenue wherein the Revenue is aggrieved that the learned Commissioner of Income Tax [Appeals (in short ‘the CIT(A)’] has reduced the addition for bogus purchases of

2.

Nature of business of assessee in this case is not dealt with in the Assessing Officer’s order. The assessment was reopened upon information from Sales Tax Department that assessee has made purchases from bogus dealers. The Assessing Officer made 25% addition of the bogus purchases. Upon assessee’s appeal learned CIT(A) has noted that the sale has not doubted. Accordingly, placing reliance upon several case laws and upon the facts of the case, he sustained 12.5% disallowance out of the bogus purchases.

Against above order Revenue is in appeal before the ITAT.

3.

I have heard the learned Departmental Representative and perused the record. I find that in this case the sales have not been doubted. 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 Hon’ble Jurisdictional High court decision in the case of Nickunj Eximp Enterprises (P.) Ltd. vs. ACIT [2014] 48 taxmann.com 20 (Bombay) in writ petition no. 2860 of 2012 vide order dated 18.06.2014. In this case the Hon'ble 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 purchases from the grey market. Making

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