ITO, 27(3)(5), MUMBAI vs. VIPUL PREMCHAND SHAH, MUMBAI

PDF · subscribers
ITA 1067/MUM/2019Status: DisposedITAT Mumbai18 February 2020AY 2009-104 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 the addition at 12.5% of the bogus purchases, finding it reasonable given the facts. The Revenue's appeals were dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s order reducing the addition on alleged bogus purchases from 15% to 12.5%. The AO had rejected the assessee's books of accounts and estimated profit on purchases deemed to be accommodation entries.

What were the issues?

Whether the addition on account of bogus purchases was correctly restricted by the CIT(A) to 12.5% instead of the 15% estimated by the AO.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 133(6),Section 145(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI C.N. PRASAD & SHRI RAJESH KUMAR

For Respondent: Shri R. Bhoopathi, Sr. A.R
Hearing: 10.02.2020Pronounced: 18.02.2020

Per Rajesh Kumar, Accountant Member:

1.

The above titled appeals have been preferred by the Revenue against the common order dated 19.12.2018 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2009-10.

2.

During the course of hearing, neither assessee nor his authorized representative appeared to attend the hearing nor any application seeking adjournment was filed. Therefore , we are disposing off the appeal after hearing the Ld. D.R. and going through the facts of the case.

3.

The only issue raised by the Revenue is against the order of Ld. CIT(A) restricting the addition to 12.5% of the alleged bogus purchases of Rs.43,15,874/- as against 15% addition on bogus purchases made by the AO.

4.

The facts in brief are that the assessee filed the return of income on 26.09.2009 declaring a total income of Rs.3,68,490/- which was processed under section 143(1) of the Act. Thereafter, the AO received information from Sales Tax Department, Government of Maharashtra as well as DGIT, Mumbai that assessee has received accommodation entries from suspicious hawala dealers. Accordingly, the case of the assessee is reopened under section 147 of the Act by issuing notice under section 148 dated 24.03.2014 which was duly served upon the assessee. During the course of assessment proceedings the AO observed from the details filed by the assessee that assessee has made a total purchase of Rs.43,15,874/- from 12 parties details whereof are given in para 4.2. of the assessment order. The assessee was called upon to prove the genuineness of the purchases by filing the necessary evidences. The AO also issued notice under section 133(6) of the Act to various suppliers to verify the genuineness of the purchases, however, these notices could not be served on the assessee. The assessee filed

3 & ITA No.1068/M/2019 Shri Vipul Premchand Shah & Vinit P. Shah (HUF) evidences in the form of purchase bills, invoices, sales bill, payment details etc. However, the AO was not satisfied with the genuineness of the purchases for the reason that same remained unverified. The AO finally rejected the books of accounts under section 145(3) of the Act and estimated the income of bogus purchases by applying 15% on the alleged bogus purchases by following the decision of Hon’ble Gujarat High Court in the case of CIT vs. Simit P. Sheth (2013) 356 ITR 451 (Guj). The Ld. CIT(A) in the appellate proceedings reduced the addition to 12.5% of the arisen bogus purchases by following the decision of CIT vs. Simit P. Sheth (supra) and also the case CIT vs. Bholanath Poly Fab Pvt. Ltd. ITA No.63 of 2012 dated 23.10.2012 of Hon’ble Gujarat High Court.

5.

In the appellate proceedings, the Ld. CIT(A) after considering the contentions of the assessee partly allowed the appeal of the assessee by sustaining the addition at 12.50% by holding that 15% is unreasonable and excessive.

6.

After hearing the ld. DR and perusing the records as placed before us, we note that assessee is wholesalers and Semi Wholesalers of chemicals. Undoubtedly, the assessee was beneficiary of hawala purchases and therefore the AO applied a rate of 15% on the bogus purchases to assess the profit embedded therein which was reduced by ld. CIT(A) to 12.50% . In our opinion the rate directed by ld CIT(A) is most reasonable keeping in view the facts of the present case. Accordingly we uphold the order of ld. CIT(A) by dismissing the appeal of the revenue.

4 & ITA No.1068/M/2019 Shri Vipul Premchand Shah & Vinit P. Shah (HUF) ITA No.1068/M/2019 7. The issue raised in this appeal is identical to one as decided by us in . Therefore our decision in ITA No/ 1067/Mum/2019 would, mutatis mutandis, apply to this appeal as well. Accordingly the revenue’s appeal is dismissed.

8.

In the result, both the appeals of the Revenue are dismissed.

Order pronounced in the open court on 18.02.2020.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →