ITO 21 (1)(2), MUMBAI vs. BARMARE TIMBER TRADERS, MUMBAI

PDF · subscribers
ITA 6916/MUM/2018Status: DisposedITAT Mumbai20 December 2019AY 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 upheld the CIT(A)'s order, finding it fair and justified. The Tribunal reasoned that since the assessee's sales were not disputed, the entire purchase could not be added back, and the partial addition was appropriate.

What were the facts?

The Assessing Officer observed that the assessee, a timber trader, obtained bogus purchase bills of Rs. 2,23,205/- from a hawala dealer. The CIT(A) partly allowed the appeal, restricting the addition to 12.5% of the alleged bogus purchases.

What were the issues?

Whether the entire amount of alleged bogus purchases can be added back when sales are not disputed. The justification for restricting the addition to a partial amount.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI VIKAS AWASTHY

For Respondent: Shri R.Bhoopathi, DR

Revenue by : Shri R.Bhoopathi, DR Assessee by : Miss Namrata Patel, AR Date of Hearing : 17-12-2019 Date of Pronouncement : 20-12-2019 O R D E R This appeal by the Revenue is directed against the order of the Commissioner of Income Tax(Appeals)-48, Mumbai, dated 27-09-2018, for the AY.2010-11.

2.

The brief facts of the case as emanating from records are: The assessee is a partnership firm, engaged in trading of bamboos, timber, plywood etc. In scrutiny assessment proceedings, the Assessing Officer (AO) observed that the assessee has indulged in obtaining bogus purchase bills of Rs.2,23,205/- from M/s.Ronak Enterprises, a hawala dealer. Accordingly, the AO made an addition of Rs.2,23,205/-, treating the purchases made from hawala dealer as bogus. Aggrieved against the assessment order dt.19-03-2011 passed u/s.143(3) of the Income Tax Act, 1961 (herein after : 2 : referred to as ‘the Act’), the assessee filed appeal before the CIT(A).

3.

The CIT(A) vide impugned order, partly allowed the appeal of assessee, restricted the addition to Rs.27,900/- i.e., 12.5% of the alleged bogus purchases. Against the order of First Appellate Authority (FAA), the Revenue is in appeal before the Tribunal.

4.

Shri R.Bhoopathi, representing the Department, vehemently defended the assessment order. The ld.DR submitted that the assessee has failed to substantiate genuineness of the purchases. The assessee also failed to furnish copies of transport, octroi bills etc., thus, the assessee could not establish trial of goods originating from suppliers to the godown of the assessee. The ld.DR prayed for modifying the order of CIT(A) and confirming the entire bogus purchases as ‘addition’.

5.

Per contra, Miss Namrata Patel, appearing on behalf of the assessee, vehemently defended the impugned order and prayed for dismissing the appeal of Revenue.

6.

The submissions made by rival sides heard and the orders of the authorities below perused. The sales made by the assessee have not been disputed by the Revenue. Therefore, the entire alleged bogus purchase cannot be added back. Without purchases, there cannot be sales. In the given facts of the case, it appears that the assessee has made : 3 : purchases from grey market and thereafter, obtained bills from alleged hawala operators. The FAA has sustained addition to the extent of Rs.27,900/- i.e., 12.5% of the alleged bogus purchases. Taking into consideration documents on record and entirety of facts, I find that the order of CIT(A) fair and justified. Hence, no interference in the impugned order is warranted. The impugned order is upheld and the appeal of Revenue is dismissed.

Order pronounced in the open court on Friday the 20th day of December, 2019 (VIKAS AWASTHY) "या"यक सद"य/JUDICIAL MEMBER मुंबई/Mumbai; "दनांक/Dated : 20-12-2019 TNMM आदेश क" ""त"ल"प अ"े"षत/Copy of the Order forwarded to :

Recent GST High Court judgments

Search GST case law →