DCIT, CENTRAL CIRCLE 7(1), MUMBAI vs. SUPERWAYS ENTERPRISES PRIVATE LIMITED, MUMBAI
What did the Tribunal hold?
The Tribunal held that the rejection of the assessee's books of account was improper. Consequently, the estimation of income at 0.5% of sales turnover by the lower appellate authority was also found to be unsustainable, as it relied on the rejected books.
What were the facts?
The assessee, a wholesale steel trader, was investigated following a search operation. The Assessing Officer (AO) found evidence of fabricated invoices and circular transactions within the group to avail Letter of Credit (LC) facilities from banks, indicating no actual business activity. The AO rejected the assessee's books of account and estimated income at 7% of sales turnover.
What were the issues?
Whether the assessee's books of account were rightly rejected by the AO due to alleged bogus transactions and inflated turnover. The propriety of estimating income based on rejected books of account.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI JAGADISH
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER BENCH:
These are bunch of thirteen appeals, seven by the assessee and six by the Department, arising out of
The order continues below.
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