KAY KAY SYNTHETICS,MUMBAI vs. INCOME TAX OFFICER WARD 17(2)(2), MUMBAI

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ITA 5126/MUM/2018Status: DisposedITAT Mumbai19 September 2019AY 2011-125 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the CIT(A) had restricted the addition by estimating profit at 8% on bogus purchases. The Tribunal directed the AO to recompute the income by applying a profit rate of 5% on such purchases.

What were the facts?

The assessee engaged in yarn manufacturing/processing business made purchases from parties identified as hawala dealers by the Sales Tax Department, who provided bogus bills. The AO made an addition for unproved purchases, which the CIT(A) restricted to 8% of the profit.

What were the issues?

Whether the addition made by the AO on account of bogus purchases, as restricted by the CIT(A), is justified and if the profit rate applied is appropriate.

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) KAY KAY Synthetics 229, Yusuf Meherali Road, 2nd Floor, ……………. Appellant Mumbai-400 003 / अपीलाथी स्थायी लेखा िं /PAN – AAAFK0934D v/s The Income Tax Officer …………….Respondent Ward 17(2)(2) / प्रत्यथााी M.K. road, Aayakar Bhavan, 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 No. Nil dated 12.06.2018. The assessment was framed by the 2 | P a g e Income Tax Officer- ward 17(2)(2), Mumbai (in short ITO/ AO) for AY 2011-12 vide dated 14.03.2016, 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 various yarns. 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. 90,64,783/- 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 55,26,813 2. Suraj Sales Corporation 35,37,970 Total 90,64,783 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 AO, the assessee failed to establish the genuineness of the 3 | P a g e purchase and accordingly, he made addition of unproved purchase at 12.5% of ₹ 11,33,097/- 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 ₹ 12284132/-. Regarding 1st, 2nd and 3rd grounds of appeal the assessing officer has discussed in detail in the assessment order why GP at the rate of 12.5% is being disallowed. I find that it is excessive and keeping in mind other similar cases where I have reduced the GP @ 8%. I direct the AO to calculated GP @ 8%. Hence, appellant 4 | P a g e

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