M/S.LALIT SILK INDUSTRIES,MUMBAI vs. ITO WARD 17(2)(2), MUMBAI

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ITA 5125/MUM/2018Status: DisposedITAT Mumbai19 September 2019AY 2011-125 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the estimated profit rate of 8% was on the higher side and directed the AO to recompute the income by applying a profit rate of 5% on the bogus purchases.

What were the facts?

The AO received information that the assessee made purchases from hawala parties providing bogus bills. The AO made an addition of 12.5% on these purchases, which the CIT(A) restricted to 8%.

What were the issues?

The primary issue was the estimation of profit on bogus purchases and whether the rate applied by the lower authorities was justified.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

For Appellant: Shri Vimal Punamiya, AR
Hearing: 19.09.2019Pronounced: 19.09.2019

आयकर अपीलीय अधिकरण “SMC” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI श्री महावीर स िंह, न्याययक दस्य एविं श्री शमीम याहया लेखा दस्य के मक्ष । BEFORE SRI MAHAVIR SINGH, JM AND SRI SHAMIM YAHYA, AM आयकर अपील िं/ (यिर्ाारण बर्ा / Assessment Year 2011-12) M/s Lalit Silk Industries 2nd Floor, 229 Masjid Bundar Road, ……………. Appellant Mumbai-400 003 / अपीलाथी स्थायी लेखा िं /PAN – AAAFL0138J v/s The Income Tax Officer …………….Respondent Ward 17(2)(2), Aayakar Bhavan, M.K. Road, / प्रत्यथााी Mumbai-400 020 अपीलाथाी की ओर े / Appellant by : Shri Vimal Punamiya, AR प्रत्यथाी की ओर े / Respondent by : Shri Akhtar H Ansari, DR ुिवाई की तारीख / Date of hearing: 19.09.2019 घोर्णा की तारीख / Date of pronouncement : 19.09.2019 A a d o S a / O R D E R महावीर स ुंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM: This appeal of assessee is arising out of the order of Commissioner of Income Tax (Appeals)-57, Mumbai in Appeal 2 | P a g e No. Nil dated 12.06.2018. The assessment was framed by the Income Tax Officer- ward 17(2)(2), Mumbai (in short ITO/ AO) for AY 2011-12 vide dated 01.03.2016, under section 147 of the Income-tax Act, 1961 (hereinafter ‘the Act’).

2.

The only issue on merits, in this appeal of assessee is against the order of CIT(A) directing the AO to restrict the addition made by AO being estimating profit percentage at the rate of 8 % on bogus purchases.

3.

Briefly stated facts are that the assessee engaged in the business of manufacture/ processor of Yarn. 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 Rs. 1,22,84,132/- as admitted by these hawala dealers in their deposition before the authorities. The same reads as under: - Sl No. Name of the Hawala Party Amount 1. Adinath Trading Company 67,42,347 2. Suraj Sales Corporation 55.41,785 Total 1,22,84,132 4. During the course of assessment proceedings and during appellate proceedings, the assessee submitted documentary evidences such as payment received against such sales, receipt of material purchases, account payee cheque. According to the 3 | P a g e AO, the assessee failed to establish the genuineness of the purchase and accordingly, he made addition of unproved purchase at 12.5% of ₹ 15,35,516/- to the returned income of the assessee. Aggrieved, assessee preferred the appeal before CIT(A), who restrict the addition at 8% by observing in para 4 as under: - “4. The facts of the case are that the assessee is engaged in the business of trading in steel. The AO contended that as per information received in office DGIT(Inv), Mumbai and subsequently, from the Sales Tax Department, Mumbai, it was found that the M/s Adinath Trading Company and M/s Suraj Sales Corporation was providing accommodation entries without doing any actual business from whom assessee has claimed total purchases ₹ 15,35,516/-. Subsequently, the assessee was asked to furnish all relevant evidence to establish that goods have actually been delivered/ supplied. The assessee was also asked to furnish its explanation on the purchases purported to have made from the party and also asked to show cause as to why the expenditure 4 | P a g e

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