SHRI MAFATLAL BACHHRAJ SANGHVI,MUMBAI vs. ITO 19(2)(3), MUMBAI

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ITA 4852/MUM/2018Status: DisposedITAT Mumbai14 November 2019AY 2011-123 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that when sales are not doubted, 100% disallowance for bogus purchases is not justified. The disallowance was restricted to 12.5% of the bogus purchases, reduced by the gross profit already declared by the assessee.

What were the facts?

The assessee, a proprietary firm trading in metals, faced reopening of assessment due to alleged bogus purchases. While the assessee provided purchase vouchers and made payments through banking channels, suppliers were not produced, though sales were not doubted.

What were the issues?

Whether disallowance on account of bogus purchases can be 100% when sales are not doubted, and how to quantify the profit element in such purchases.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned in the provided text

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri Shamim Yahya (AM)

For Appellant: Shri R.N. Mehta
For Respondent: Shri Chaitanya Anjaria
Hearing: 22.08.2019Pronounced: 14.11.2019

This is an appeal by the assessee wherein the assessee is aggrieved that the learned CIT-A has erred in sustaining 12.5% disallowance on account of bogus purchases, vide order dated 6.6.2018 pertaining to assessment year 2011-12.

2.

Brief facts of the case are that the assessee is an individual running a proprietary firm in the name and style of M/s. J.D. Steel Corporation which is trading in the business of ferrous and non-ferrous metal. The Assessment in this case was reopened upon receipt of information from the sales tax Department that assessee has made bogus purchases. The assessee submitted the purchase vouchers and the payments were made through banking channel. However the suppliers were not produced before the assessing officer. Sales in this case were not doubted.

3.

The income tax officer in this case has made 12.5% addition on account of bogus purchase resulting in disallowance of Rs. 5,15,997/-. Upon assessee’s appeal Id CIT(A) confirmed the same.

2 Shri Mafatlal Bachhraj Sanghvi

4.

Against above order assessee is in appeal before the ITAT. I have heard both the counsel and perused the records.

5.

Upon careful consideration, I find that assessee has provided the documentary evidence for the purchase. 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 the facts of the case indicate that assessee has made purchase from the grey market. Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. As regards the quantification of the profit element embedded in making of such bogus/unsubstantiated purchases by the assessee, I find that it is the submission of learned Counsel of the assessee that it will be doubled prejudice if the gross profit already declared is not reduced from the standard 12.5% being disallowed on account of bogus purchases.

6.

Upon careful consideration, I find considerable cogency in the above submission. Accordingly, I direct that disallowance in this case be restricted to 12.5% of the bogus purchase as reduced by the gross profit already declared by the assessee. Learned counsel of the assessee fairly agreed to the above.

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7.

In the result, the appeal is partly allowed. Order has been pronounced in the Court on 14.11.2019.

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