ACIT CIRCLE 17(2), MUMBAI vs. SHRI. JAGAT UTTAMCHAND SHAH, 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, finding that a 7% disallowance was reasonable and sufficient to account for any potential revenue leakage from undeclared sources, given the assessee's declared gross profit rate.
What were the facts?
The assessee claimed purchases from four entities which the Assessing Officer (AO) deemed non-genuine. The AO made an addition of 12.5% of these purchases. The Commissioner (Appeals) reduced this addition to 7% of the non-genuine purchases.
What were the issues?
Whether the reduction in disallowance for non-genuine purchases by the Commissioner (Appeals) 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 DEYAND SHRI G. MANJUNATHA
The captioned appeal has been filed by the Revenue challenging 6thNovember the order dated 2018, passed by the learned Commissioner of Income Tax (Appeals)–56, Mumbai, pertaining to the assessment year 2011–120.
When the appeal was called for hearing, no one was present on behalf of the assessee to represent the case. There is no application
2 Shri Jagat Uttamchand Shah seeking adjournment either. Accordingly, we proceed to dispose off the appeal ex–parte qua the assessee after hearing the learned Departmental Representative and on the basis of material available on record.
The dispute in the present appeal is confined to part relief granted by learned Commissioner (Appeals) in the matter of addition made on account of non–genuine purchases.
Brief facts are, the assessee, an individual, is an importer and re–seller of bearing, hardware and industrial suppliers. For the assessment year under consideration, the assessee filed his return of income on 4th July 2011, declaring income of ` 10,60,012. The return of income filed by the assessee was initially processed under section 143(1) of the Act. Subsequently, on the basis of information received from the Sales Tax Department, Mumbai, through office of the DGIT (Inv.), Mumbai, that purchases worth `98,79,819, claimed to have been made during the year from four entities are non–genuine, the Assessing Officer re–opened the assessment under section 147 of the Act. In the course of assessment proceedings, the Assessing Officer called upon the assessee to prove the genuineness of purchases through supporting evidences. Though, the assessee furnished purchase bills and some other documentary evidences to prove the genuineness of purchases, however, the Assessing Officer was not 3 Shri Jagat Uttamchand Shah convinced with them and ultimately concluded that the purchases made by the assessee are non–genuine. However, ultimately he restricted the disallowance to 12.5% of the alleged non–genuine purchase and made an addition of ` 12,34,977. The assessee challenged the aforesaid addition before the first appellate authority.
After considering the submissions of the assessee in the context of facts and material on record, learned Commissioner (Appeals) reduced the addition to 7% of the non–genuine purchases.
We have considered the submissions of learned Departmental Representative and perused the material on record. As could be seen, though, the Assessing Officer has held the disputed purchases as non– genuine, however, instead of disallowing the entire purchases, he has made disallowed 12.5% of such purchases which implies that the Assessing Officer only doubts the source of such purchases. Looking at the gross profit rate declared by the assessee @ 18.18%, learned Commissioner (Appeals) has restricted the disallowance to 7% of the non–genuine purchases. Even, further addition @ 7% actually hikes the gross profit rate to more than 25%. This, in our view, is more than enough to take care of leakage of revenue, if any, on account of purchases having been made from undeclared source. Therefore, in our considered opinion, the aforesaid decision of learned Commissioner (Appeals) is just and reasonable, hence, does not call
4 Shri Jagat Uttamchand Shah for any interference from us. Accordingly, we uphold the order of the learned Commissioner (Appeals) on the issue by dismissing the ground raised by the Revenue.
In the result, appeal is dismissed. Order pronounced in the open Court on 04.03.2020
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
Recent GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026