BHAWANI SINGH RATHORE,MUMBAI vs. ACIT - CIRCLE-24(1), MUMBAI

The Ground No.1 raised by the assessee challenging the validity of reopening of assessment was stated to be not pressed by the ld. AR at Shri Bhawani Singh Rathore the time of hearing. The same is reckoned as a statement made from the Bar and accordingly, the Ground No.1 is dismissed as not pressed.

2.1. The Ground No.2 is with regard to the action of the ld. CIT(A) sustaining the addition made in the sum of Rs.17,78,174/- on account of unverifiable purchases made by the assessee from 15 parties.

We have heard rival submissions. We find that assessee had explained that he had made purchases from 15 parties listed in page 2 & 3 of the assessment order to the tune of Rs.1,42,01,390/-. The ld. AO alleged that these parties are reflected in the information received from the Sales Tax Department wherein these parties were reflected as hawala dealers engaged in providing accommodation bills. It is not in dispute that goods were indeed delivered to the assessee by way of purchases made by the assessee in the grey market and these 15 parties became unverifiable at the end of the ld AO. It is not in dispute that assessee had indeed made corresponding sales in respect of these purchases made from the grey market. In this scenario, what is to be taxed is only the profit earned by the assessee out of such transactions. The ld. AO had estimated 12.5% on the gross value of purchases as profit earned by the assessee in these transactions and made the addition in the sum of Rs.17,75,174/-, which has been upheld by the ld. CIT(A). We find that the assessee is engaged in the business of trading of building materials and also engaged in contract business by running two concerns namely M/s. Bhawani Enterprises and M/s. Jagdamba Construction. We find that the assessee has disclosed gross profit of 7.90% and 6.38% in M/s. Bhawani Enterprises and M/s. Jagdamba Construction respectively for the year ended 31/03/2010 as per the tax audit report. Considering the totality of these peculiar facts and circumstances, we deem it fit and appropriate, that adoption of profit at 5% on the disputed purchases would meet the Shri Bhawani Singh Rathore ends of justice. The ld. AO is directed accordingly. Accordingly, the Ground No.2 raised by the assessee is partly allowed.

In the result, appeal of the assessee is partly allowed.