AMAR DIAMOND TOOLS,MUMBAI vs. ITO WD 1(1), THANE

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ITA 4862/MUM/2018Status: DisposedITAT Mumbai18 November 2019AY 2008-093 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee provided documentary evidence for purchases, the suppliers responded to notices, and sales were not doubted, a 100% disallowance of purchases was not justified. The addition was directed to be deleted.

What were the facts?

The assessee, engaged in manufacturing and trading of industrial tools, faced reassessment based on a search action in another group, which indicated bogus accommodation entries. The Assessing Officer disallowed 12.5% of purchases deemed bogus.

What were the issues?

Whether disallowance of purchases is justified when sales are not doubted and documentary evidence for purchases is provided. The validity of additions made solely based on findings from a search in another group's case.

Which sections of the Income-tax Act were involved?

Section 133(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri Shamim Yahya (AM)

For Appellant: Ms. Pritama Pokhrana
For Respondent: Shri Chaitanya Anjaria
Hearing: 22.8.2019Pronounced: 18.11.2019

Heard together (2 matters)

I.T.A. No. 4862/Mum/2018
I.T.A. No. 4863/Mum/2018

Read from the judgment's own cause title. This page is filed under one of them.

These appeals by the assessee are directed against common order of learned CIT(A) dated 8.6.2018 pertain to A.Y. 2008-09 & 2009-10.

2.

In both the appeals the assessee is aggrieved that learned CIT(A) erred in sustaining 12.5% disallowance out of bogus purchases.

3.

Brief facts are that the assessee is engaged in manufacturing and trading in industrial tools. The assessment was reopened pursuant to search action in the Jain group, wherein it was found that bogus accommodation entries were being provided. The Assessing Officer based his reassessment on the statement of Shri Rajendra Jain in the case of Jain group case. Accordingly, impugned purchases were held to be bogus and disallowance @ 12.5% was done. Amount disallowed was Rs. 5,24,496/- for A.Y. 2008-09 and Rs. 90,726/- for A.Y. 2009-10.

2 Amar Diamond Tools

4.

Upon assessee’s appeal learned CIT(A) confirmed the addition. Against this order the assessee is in appeal before the ITAT.

5.

I have heard both the counsel and perused the record. Learned Counsel of the assessee contended that the assessee has supplied all necessary details i.e. purchase bills, sale bills and bank statements. He submitted the affidavits from suppliers were also submitted. It is also claimed during inquiry u/s. 136(6) that proprietary concerns of above suppliers also confirmed these purchases and submitted ledger account. Learned counsel further submitted that the sales have not at all being doubted. Learned counsel claimed that no disallowance is called for, as assessee has offered adequate gross profit on these transactions.

6.

Upon careful consideration, I note that learned counsel claimed that the assessee has also already shown sufficient gross profit hence no disallowance is required. Upon careful consideration I find that assessee has provided the documentary evidence for the purchase. Even the impugned suppliers have responded to 133(6) notices and confirmed the purchases. Adverse inference has been drawn due to the inability of the assessee to produce the suppliers. I find that in this case the sales have not been doubted. It is settled law that when sales are not doubted, hundred percent disallowance for bogus purchase cannot be done. The rationale being no sales is possible without actual purchases. This proposition is supported from honourable jurisdictional High Court decision in the case of Nikunj Eximp Enterprises (in writ petition no 2860, order dt. 18.6.2014). In this case the honourable High Court has upheld hundred percent allowance for the purchases said to be bogus when sales are not doubted. However in that case all the supplies were to government agency. In the present case I find that all the details for purchases have been supplied. The impugned suppliers also responded to the notice u/s. 133(6). Hence, addition is solely made on the basis of findings of search in the case of Rajendra Jain Group dehorse any independent finding by the Assessing Officer. Moreover, assessee’s claim is that the assessee also shown sufficient

3 Amar Diamond Tools gross profit and when sales have not doubted, no disallowance is called for. I find sufficient cogency in this submission. Hence, addition in this case is directed to be deleted.

7.

In the result, both the appeals are allowed. Order has been pronounced in the Court on 18.11.2019.

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