ITO 19 (1)(2), MUMBAI vs. ASHURAM UDARAMJI BISHNOI, MUMBAI

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ITA 6975/MUM/2018Status: DisposedITAT Mumbai06 January 2020AY 2010-114 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 found the CIT(A)'s order to be reasonable. The modification by the CIT(A) was upheld, considering the entirety of the facts.

What were the facts?

The Assessing Officer made additions for bogus purchases based on information from the Sales Tax Department and DGIT(Inv). The AO estimated 12.5% of unproved purchases as profit. The CIT(A) modified this by reducing the estimated addition by the gross profit already declared by the assessee.

What were the issues?

Whether the CIT(A) was justified in reducing the addition for bogus purchases by the gross profit already declared by the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

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

Before: SHRI VIKAS AWASTHY

For Appellant: Shri R. Bhoopati
Hearing: 18/12/2019Pronounced: 06/01/2020

These three appeals by the Revenue for assessment years 2010-11, 2011-12 and 2009-10 are directed against the orders of Commissioner of Income Tax (Appeals)-54 [in short ‘the CIT(A) ], Mumbai for respective assessment years. All the impugned orders are of even date i.e. 27/09/2018. Since the issue raised in all the three appeals is arising from same set of facts and identical issue is involved, these appeals are taken up together for adjudication and are disposed of by this composite order.

(A.Y.2010-11) ITA NO. 6977/MUM/2018(A.Y.2011-12) ITA NO. 6978/MUM/2018(A.Y.2009-10)

2.

The notice of the appeal was sent to the assessee/respondent through RPAD. None appeared to represent the assessee. Hence, these appeals are taken up for hearing with the assistance of ld. Departmental Representative and the material available on record.

3.

For the sake of convenience to decide these appeals, the facts are extracted from 2010-11. The assessee is a trader in ferrous and non-ferrous metal. The Assessing Officer received information from Sales Tax Department , Maharashtra and DGIT(Inv) that the assessee has indulged in obtaining bogus purchases bills from hawala dealers. Consequently, assessments for assessment year 2009-10, 2010-11 and 2011-12 were reopened. The Assessing Officer in reassessment proceedings for assessment years 2010-11 held that the assessee has made bogus purchases to the tune of Rs.84,29,433/- from various parties. The Assessing Officer made addition of Rs.10,53,679/- i.e. 12.5% of unproved purchases. Aggrieved against the assessment order dated 05/11/2016 passed under section 143(3) r.ws. 147 of the Income Tax Act, 1961 (in short ‘ the Act’), the assessee filed an appeal before the CIT(A). The first appellate authority partially modified the assessment order and directed the Assessing Officer to reduce gross profit already declared by the assessee from the estimated addition of 12.5%. The Revenue did not find favour with the view of first appellate authority. Hence, the present appeal by the Department.

4.

Shri R.Bhoopati representing the Department vehemently defended the assessment order and submitted that the Assessing Officer had (A.Y.2010-11) ITA NO. 6977/MUM/2018(A.Y.2011-12) ITA NO. 6978/MUM/2018(A.Y.2009-10) estimated gross profit at 12.5% of the bogus purchases by following the decision of Hon'ble Gujarat High Court rendered in the case of CIT vs. Simith P. Sheth, in Income Tax Appeal No.553 of 2012 decided on 16/01/2013. Once the addition has been estimated by following the order of Hon'ble High Court, no further modification was required to be made by the CIT(A). The ld. Departmental Representative further submitted that the assessee failed to substantiate genuineness of the purchases and parties from whom suspicious purchases were made. The ld. Departmental Representative prayed for reversing the findings of CIT(A) and to uphold the assessment order.

5.

I have heard the submissions made by ld. Departmental Representative and have examined the material available on record. The addition on account of bogus purchases have been made by Assessing Officer by estimating gross profit @ 12.5% of alleged bogus purchases . In the first appellate proceedings, the CIT(A) has reduced 12.5% G.P estimated by Assessing Officer by the gross profit already declared by the assessee. Taking into consideration, entirety of facts, I find no reason to interfere with the findings of CIT(A). The order of first appellate authority is reasonable and the same is upheld. The appeal of the Revenue is without any merit and, hence, the same is dismissed. (A.Y.2011-12 & 6978/MUM/2018(A.Y.2009- 10):

6.

The ld. Departmental Representative stated at the Bar that the facts in assessment year 2011-12 and 2009-10 are similar to the facts in assessment year 2010-11. The addition has been made by Assessing

(A.Y.2010-11) ITA NO. 6977/MUM/2018(A.Y.2011-12) ITA NO. 6978/MUM/2018(A.Y.2009-10) Officer by estimating gross profit @ 12.5% of alleged bogus purchases. The CIT(A) has modified the assessment order by reducing the gross profit already declared by the assessee from 12.5% G.P estimated by Assessing Officer on bogus purchases.

7.

On same set of facts I have dismissed the appeal of Revenue in 2010-11. The findings given therein would mutatis mutandis apply to both these appeals by the Revenue. Accordingly, the appeals of the Revenue for assessment years 2011-12 and 2009-10 are dismissed sans merit.

8.

To sum up, all the three appeals of the Revenue are dismissed.

Order pronounced in the open court on Monday, the 06th day of January,2020.

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