ITO 33 (2)(1), MUMBAI vs. JITENDRA PAPER INDUSTRIES, 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 found no infirmity in the CIT(A)'s order, stating that if there were no purchases, there could be no disallowance for bogus purchases. The Revenue's grounds of appeal were also found to be misconceived.
What were the facts?
The Assessing Officer made a 100% disallowance for bogus purchases based on sales tax department information. The assessee denied any dealings with the mentioned parties and provided purchase details. The CIT(A) deleted the addition, finding no evidence of purchases from the disputed parties.
What were the issues?
Whether the CIT(A) erred in deleting the disallowance for bogus purchases when the assessee denied such purchases and provided supporting details.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” Bench, Mumbai
Before: Shri Shamim Yahya (AM)
This appeal by the Revenue is directed against the order of learned CIT(A) dated 27.4.2015 pertains to A.Y. 2009-10.
The issue raised are :- 1. 'On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in randomly restricting the disallowance at 12.5% of the bogus purchase without any proper reason or logic." 2. 'On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in giving the relief of 1 2.5% of the bogus purchase to the assessee without appreciating the fact that the Authorised Representative of the assessee voluntarily accepted the addition of 25% of the bogus purchase." 3. "The appellant prays that the order of the Ld. CIT(A) on the above ground be set aside and that of the Assessing Officer be restored."
2 M/s. Jitendra Paper Industries
Briefly stated facts in this case are that the Assessing Officer has made 100% disallowance for bogus purchases amounting to Rs. 12,87,037/- with respect to information received from sales tax department for bogus purchases from two parties namely M/s. Samir Trading Corporation and M/s. Arihant Trading Company. In course of assessment, the assessee stated before the Assessing Officer that there was no dealing from the above mentioned parties during F.Y. 2008-09. In support the assessee supplied party-wise purchase details. The Assessing Officer did not consider this aspect of assessee’s submission and in routine fashion noted that notice sent to the alleged bogus suppliers were returned and hence made impugned disallowance.
Upon assessee’s appeal learned CIT(A) appreciated the fact that when there was no purchase, there was no question of making disallowance of bogus purchase. Learned CIT(A) observed that nobody can prove the negative that he has not done something. That the assessee has duly filed all the details of his business and all purchases and stated that he did not make any purchases, which the Assessing Officer brushed aside and simply based on the information of the sales tax department added entire purchases. Hence, on finding that there was no purchase from the said party which bogus purchases were disallowed by the Assessing Officer, learned CIT(A) deleted the addition.
Against this order assessee is in appeal before ITAT. I have heard both the counsel and perused the records. I find that in there is no infirmity in the order of learned CIT(A). When there is no purchase from concerned party there was no question of disallowance of bogus purchases from the said party. Hence, there is no infirmity in the order of learned CIT(A). Moreover, as rightly pointed out by learned Counsel of the assessee the ground raised by the Revenue itself has misplaced. It talks about the learned CIT(A) sustaining 12.5% of bogus purchase as against assessee accepting voluntarily 25% bogus purchase. Hence, ground itself is misconceived and not arising out of the order of learned CIT(A).
3 M/s. Jitendra Paper Industries Hence, this appeal filed by the Revenue stands dismissed.
Order has been pronounced in the Court on 4.2.2020.
Recent GST High Court judgments
Search GST case law →- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026