DCIT CIRCLE-3, THANE vs. P S AUTO PRIVATE LIMITED, THANE
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 CIT(A)'s decision to restrict the addition to 12.5% of the bogus purchases, following its own precedent for the preceding assessment year.
What were the facts?
The Assessing Officer (AO) made a 100% addition for alleged bogus purchases based on information from the Sales Tax Department. The CIT(A) restricted this addition to 12.5%.
What were the issues?
Whether the addition for bogus purchases should be restricted to a percentage of the purchases, rather than the full amount.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC”, BENCH
Before: SHRI R.C.SHARMA, AM & SHRI VIKAS AWASTHY, JM
Revenue by Shri Amit Pratap Singh (DR) Assessee by Shri Jayant Bhatt & Shri Sanjiv Brahme (ARs) Date of Hearing 10/02/2020 Date of Pronouncement 10/02/2020 आदेश / O R D E R PER: R.C. SHARMA, A.M. This is the appeal filed by the revenue against the order of the ld. CIT(A)-2, Thane dated 12/12/2018 for the A.Y. 2010-11 in the matter of order passed U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short, the Act).
The only grievance of the revenue relates to upholding addition to the extent of 12.5% in respect of bogus purchases which was made by the A.O. at 100%.
DCIT Vs M/s PS Auto Pvt. Ltd. 3. Rival contentions have been heard and record perused. Facts in brief are that the assessee is engaged in manufacturing and trading of automobile products. The A.O. got information from the Sales Tax Department regarding the assessee taking accommodation bill with regard to purchases without taking actual delivery of goods, accordingly, the A.O. reopened the assessment and thereafter entire alleged bogus purchases to the tune of Rs. 12,43,208/- was added in assessee’s income.
By the impugned order, the ld. CIT(A) has restricted the addition to the extent of 12.5% after observing as under:
“9. I have considered the facts of the case and the submission of the appellant. The Hon'ble ITAT, Mumbai, in appellant's own case for AY 2009-10, in had restricted the disallowance to the extent of 12.5% of bogus purchases, inter-alia stating that:-
“….. If the ratio laid down by Hon'ble jurisdictional High Court in the aforesaid case of MIs Nikunj Eximp Enterprises Pvt. Ltd ((supra)) is analyzed with the facts of the present appeal, it is noted that the Ld Assessing Officer received from the Sales Tax Department with respect to bogus purchases made from various parties through bogus bills, the assessee is one of the beneficiary of such purchases. The assessee showed gross profit and net profit of Rs. 1,02,30,977/- and Rs. 15,30,192/-, respectively, on the gross purchases of Rs, 2.55 Crores. The assessee in spite of asking by the Id. Assessing Officer did not produce the necessary details and thus the Id. Assessing officer made addition under section 69C of the Act of the total purchases. On appeal before the Ld. Commissioner of Income Tax (Appeal), confirmed the addition. If the totality of facts and the DCIT Vs M/s PS Auto Pvt. Ltd. material available on record, in such type of cases, there is no option but to adopt the gross profit embedded therein, which can be added. The assessee has already declared GP @ 40% and NP @ 7.53%, thus, to plug the leakage of Revenue, I direct the Ld. Assessing Officer to make the addition @ 12.5% of such bogus purchases."
9.1 Considering the facts of case and in view of the decision of Hon'ble ITAT, SMC Bench, Mumbai, following the same parity of reasoning, the disallowance to the extent of 12.5% of bogus purchases, i.e. Rs. 1,55,401/- (12.5% of Rs. 12,43,208/-), is hereby sustained and balance disallowance of Rs. 10,87,807/- (Rs. 12,43,208— Rs. 1,55,401) is deleted. The ground of appeal, raised as above, is partly allowed.”
5. Against the above order of the ld. CIT(A), the revenue is in appeal before the ITAT.
6. We have considered the rival contentions and carefully gone through the orders of the authorities below and found from the record that in assessee’s own case for the immediate preceding year i.e. A.Y. 2009-10 in IRA No. 1244/Mum/2018, the Tribunal under the similar facts and circumstances has restricted the addition to the extent of 12.5%. While deciding the issue, the ld. CIT(A) has followed the order of the Tribunal and reduced the addition to the extent of 12.5% against the 100% made by the A.O. As facts and circumstances during the year under consideration are same and nothing was pointed out by the ld DR so as to persuade us to deviate from the decision of the Tribunal for the A.Y. 2009-10, we do not find any reason to interfere
DCIT Vs M/s PS Auto Pvt. Ltd. in the order of the ld. CIT(A) for restricting addition to the extent of 12.5%. Hence, we uphold the same.
In the result, appeal of the revenue is dismissed.
Order pronounced in the open court on 10th February, 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 →- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026
- Mahaveer Ispat Traders vs. Principal Commissioner Dgst Delhi Department Of Trade And Taxes Gnctd & Anr.Delhi · 28 Oct 2026
- Modern Engineers And Contractors vs. The Deputy Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- K Madhusudan Reddy vs. The State Of Andhra PradeshAndhra Pradesh · 28 Oct 2026
- Sandeep Ranjan Rout vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026