PUSHPA NARESHKUMAR DHANANIA,MUMBAI vs. INCOME TAX OFFICER WARD 17(2)(5), MUMBAI
What did the Tribunal hold?
The Tribunal found the 12.5% profit rate to be on the higher side for the nature of the business. It directed the AO to recompute the income by applying a profit rate of 5% on the unproved purchases.
What were the facts?
The assessee, engaged in pipe fittings trading, was found to have made purchases from hawala parties based on information from the Sales Tax Department. The Assessing Officer (AO) added the entire purchase amount, applying a profit rate of 12.5%.
What were the issues?
The primary issue was the AO's addition of unproved purchases and the confirmation of a 12.5% profit rate by the CIT(A).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. P. Mohanakala525 citing291 ITR 278 · 2007 · SC · Read judgment
- 132(4) in Arvind M. Kaniya v. ACIT14 citing153 TTJ 422 · 2013 · ITAT
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SRI MAHAVIR SINGH
आयकर अपीलीय अधिकरण “SMC” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI श्री महावीर स िंह, न्याययक दस्य BEFORE SRI MAHAVIR SINGH, JUDICIAL MEMBER आयकर अपील सुं./ (यिर्ाारण वर्ा / Assessment Year 2010-11) Pushpa N Dhanania The Income Tax Officer 24, Saraswati Sadan, 1 st Ward 17(2)(5) बनाम/ Floor, 113, Keshavji Naik 506, Aaykar Bhavan, MK Road, Mumba9-400 009 Road, Opp. Churchgate Vs. Railway Station Mumbai (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./PAN No. ADWPD7778D अपीलार्थी की ओर े / Appellant by : Shri Haresh P. Shah, AR प्रत्यर्थी की ओर े / Respondent by : Shri Akhtar H. Ansari, DR ुिवाई की तारीख / Date of hearing: 17.12.2019 घोर्णा की तारीख / Date of pronouncement : 17.12.2019 आदेश / O R D E R महावीर ससुंह, न्याययक सदस्य/ PER MAHAVIR SINGH, JM:
This appeal of the assessee is arising out of the order of Commissioner of Income Tax (Appeals)]-28, Mumbai [in short 2 | P a g e Pushpa N Dhanania CIT(A)], in Appeal No. CIT(A)-28/IT-780/ITO-17(2)(5)/2015-16 order dated 09.10.2018. The Assessment was framed by the Income Tax Officer, Ward-17(2)(5), Mumbai (in short ITO / AO) for the A.Y. 2010-11 vide order dated 09.01.2016, under section 143(3) read with section 147 of the Income-tax Act, 1961 (hereinafter ‘the Act’).
The only issue in these appeal of assessee is against the order of CIT(A) confirming the addition made by the AO by applying the profit rate at the rate of 12.5% of the bogus purchase.
Briefly stated facts are that the assessee engaged in the business of manufacturing of Trading in Pipe Fittings. The AO received information from DGIT (Investigation), who in turn received information from Sales Tax Department, Mumbai that the assessee has made purchases from hawala parties, as listed in hawala dealers by the Maharashtra Sales Tax Department who are providing bogus bills of purchase amounting to ₹1,55,28,867/- as admitted by these hawala dealers in their deposition before the authorities. The same reads as under: - “Sl Name of party Amount No. 1. Asian Tube Trading 447200 2. Siddhivinayak Dteel 2360135 3. Sona Tools Traders 56056 4. Chanchal Tube Corporation 2250664 5. Asian Steel 1629784 6. Surat tube corporation 2390711 7. Laxmi Trading Co. 39800 3 | P a g e Pushpa N Dhanania 8. Revati Steel Traders 146068 9. Sagar Steel Traders 1482608 10. Rupani & Co 1536122 11. Maruti Steel Traders 1554942 12. Shiv Industries 1634777 13. Total 1,55,28,867 4. During the course of assessment proceedings and during appellate proceedings, the assessee submitted all the documentary evidences such as inward register, stock register, payment received against such sales, receipt of material purchases, account payee cheque. According to the AO, the assessee failed to establish the genuineness of the purchase and accordingly, he made addition of unproved purchase at 12.5% of ₹19,41,108/- to the return income of the assessee. Aggrieved, assessee preferred the appeal before CIT(A), who confirmed the disallowance made by the AO by observing as under: - “B2. The Tribunal Mumbai Bench in the case of Vijay C. Kamdar vs. ITO (2009) 120 TTJ (Mumbai) 475: (2008) 8 DTR (Mumbai) (Trib) 47: (2008) 305 ITR 163 (Mumbai) (AT) had an occasion to consider the allowability of deduction under s.80HHC. In that case goods were exported but these were destroyed at high sea at the instruction of exporter. Amount receivable from buyer was 4 | P a g e Pushpa N Dhanania neither refunded nor any claim of enforcing delivery received from buyer. Though the proceeds in the books were shown towards sale but such credits were not considered for claim of deduction under s. 80hhC. Hence on the basis of surrounding circumstances and considering the decision of Hon'ble apex court in the case of CIT vs. P. Mohanakala & Ors. (2007) 210 CTR (SC) 20: (2007) 291 ITR 278 (SC). The Tribunal held that Revenue has rightly taxed the receipt. In Arvind M. Kariya vs. ACIT (2013) 153 TTJ 422 (Mum) it was held as follows: Income tax proceedings- Burden of proof- Income tax proceedings are civil proceedings Degree of proof required is by preponderance of probabilities. vi. on aspect of 12.5% GP rate, following is noted: I. Kiran navin Doshi vs. ITO (2017) 49 CCH 20 (Mum) AY 2009-10 dated 18th January 2017 5 | P a g e Pushpa N Dhanania II. ITO vs. Shri Harish K. Chandak (ITAT Mumbai)
ITA Nos 3659, 3578 & 3579/Mum/2015 Assessment Years: 2010-11, 2009-10 & 2011-12 dated : 11th July, 2017 III. Kulubi Steel, Boroda Vs. ACIT [ITAT- Ahmedabad] Asst. Year: 2004- 05 Decided on: 16.12.2010 7.1 The appellant has completely failed to discharge onus cost on him. The addition is confirmed and grounds are rejected.”
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026