ITO-26(2)(2), MUMBAI vs. SHRI. MATIULLAH KARMULLAH KHAN, 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 CIT(A) correctly reduced the addition on account of bogus purchases by considering the profit already declared by the assessee. The Tribunal found no reason to interfere with the CIT(A)'s order as the revenue did not controvert the findings with any positive material.
What were the facts?
The Assessing Officer (AO) reopened the assessment based on information about bogus purchase bills and added 12.5% of alleged bogus purchases to the assessee's income. The CIT(A) directed the AO to give further relief, reducing the addition.
What were the issues?
Whether the CIT(A) was justified in reducing the addition made by the AO on account of alleged bogus purchases by considering the profit element already declared by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide 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.
- CIT v. Simit P. Sheth1,465 citing356 ITR 451 · 2013 · HC
- CIT v. Bholanath Poly Fab. Pvt. Ltd.712 citing355 ITR 290 · 2013 · HC
Income Tax Appellate Tribunal, “SMC”, BENCH
Before: SHRI R.C.SHARMAShri
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)-38, Mumbai dated 19/09/2018 for the A.Y. 2011-12 in the matter of order passed U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short, the Act).
In this appeal, the revenue is aggrieved by the action of the ld. CIT(A) for giving further relief to the extent of gross profit declared by ITO Vs Shri Matiullah Karmullah Khan the assessee out of addition of 12.5% made by the A.O. in respect of alleged bogus purchases.
I have gone through the orders of the authorities below and found that the assessee is engaged in business of M.S. Scraps and all types of scraps. On getting information from the Sales Tax Department regarding the assessee taking bogus purchase bills, the A.O. reopened the assessment and added 12.5% of alleged bogus purchases in assessee’s income.
By the impugned order, the ld. CIT(A) has directed to A.O. to give further relief of 4% out of profit declared by the assessee. Precise finding of the ld. CIT(A) was as under:
“7.4.4 In the present facts and circumstances of the case as sales are not doubted, the case of the AO is that the appellant only took bills from the above parties to explain the purchases accounted in its books of account at higher price to inflate expenses and reduce taxable profit although the material purchase was made from grey/open market at lower prices. In the light of the above facts and circumstances of the case and the judicial pronouncements of various Judicial Authorities on the issue of alleged bogus purchase, I concur with the stand taken by the Assessing Officer that the profit element embedded in the alleged bogus purchases should be brought to tax. Taking into consideration the overall facts and legal provisions applicable to the instant case I am of the opinion that estimating the profit element embedded in the said transactions/ purchases, keeping in mind, the inflated price as per alleged purchase invoices recorded in ITO Vs Shri Matiullah Karmullah Khan the books of the appellant and cost benefits availed by the appellant and respectfully following the ratio laid down by the Hon'ble High Court of Gujarat in the case of CIT vs. Simit P.Seth reported in 356 ITR 451 and in the case of CIT vs. M/s. Bholanath Polyfab Pvt. Ltd (2013) reported in 355 ITR 290 an estimate at 12.5% of the total alleged purchases imposed by the AO is considered rational. However, in view of the fact that the appellant offered for tax the profit at NP ratio of 3.92% treated, as 4%, taking support of the maxim laid down by the Hon'ble ITAT, A Bench, Mumbal in its order dated 25.09.2017 in 6504 & 6505/Mum/2014 in the case of Kantilal C Jam, wherein the rate of profit, is taken at 12.5% less net profit declared by the appellant, the profit embedded in the alleged purchases in the present appellant's case is considered justified if computed at 8.5% (12.5% less net 4% stated above) of total alleged bogus purchase of Rs.74,23,398/-. The profit accordingly works out to Rs.6,30,989/-. The AO is directed to restrict the addition to total income to Rs.6,30,989/-. Accordingly, this ground of appeal is partly allowed.”
5. It is clear from the order of the ld. CIT(A) that after considering the facts and circumstances of the case and the judicial pronouncements laid down to this effect by the Hon’ble Gujarat High Court in the case of CIT Vs Simit P Seth 356 ITR 451 & M/s Bholanath Polyfab Pvt. Ltd. (2013) 355 ITR 290 he had given further relief of profit already declared by the assessee out of addition of 12.5% so made by the A.O. The detailed findings so recorded by the ld. CIT(A) has not been controverted by the ld DR by bringing any positive
ITO Vs Shri Matiullah Karmullah Khan material on record, therefore, I do not find any reason to interfere in the order of the ld. CIT(A). Hence, I uphold the same.
In the result, appeal of the revenue is dismissed.
Order pronounced in the open court on 06th February, 2020.
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