NAUSHAD AHMED KHAN,MUMBAI vs. INCOME TAX OFFICER 26(2)(3), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that merely estimating gross profit does not automatically lead to furnishing inaccurate particulars or concealment of income. Following a co-ordinate bench decision, the penalty was deleted.
What were the facts?
The assessee accepted bogus purchase bills and agreed to an estimated profit addition of 12.5% on these purchases. Subsequently, the Assessing Officer initiated penalty proceedings under Section 271(1)(c) for furnishing inaccurate particulars or concealing income.
What were the issues?
Whether penalty under Section 271(1)(c) can be levied solely on the basis of estimated profit on bogus purchases without establishing concealment or inaccurate particulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
AadoSa / O R D E R महावीर स िंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM:
This appeal filed by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-38, Mumbai [in short CIT(A)], vide order dated 23.08.2017. The Assessment was framed by the Income Tax Officer, Ward-26(2)(3), Mumbai (in short ‘ITO’/ AO’) for the A.Y. 2010-11 vide order dated 31.12.2015 under section 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’).
The only issue in this appeal of assesse is against the order of CIT(A) confirming the penalty levied by AO u/s 271(1)(c) of the Act on estimated profit on bogus purchases at the rate of 12.5%.
Briefly stated facts are that the department received information from DGIT, Investigation Mumbai, who in turn received information from Sales Tax Department of Maharashtra that the assesse has taken bogus bill of purchase from the following parties.
Sr. Name Particulars of No. transactions Amt in Rs. 1. Sagar Steel Traders 5,89,056 2. Rupani & Co. 21,47,906
Finally, the assesse accepted that he has taken bills but he also made purchase from grey market and for that he agreed that an estimate of profit @ 12.5% can be made of the bogus purchases and for this the assesse agreed and addition of Rs. 2,68,488/- was made vide Para 2.8 by the AO as under:-
2.8 After taking into account all the facts and circumstances of the case and considering the business activity of the assessee, I am of the considered opinion that 12.5% of non-genuine purchases of ₹ 21,47,906/- made from the above mentioned parties which comes to ₹ 2,68,488/- in the quantum of profit element involved. Accordingly, an amount of ₹ 2,68,488/- is taken as non-genuine purchases and added to the business income of the assessee.
No further appeal was filed by the assessee against this quantum addition. Consequent to this assessment year, the AO initiated the penalty proceedings and for this AO initiated as under: - “…. penalty proceedings u/s 271(1)(c) are separately initiated for furnishing inaccurate particulars of income and for concealing the income.”
At the outset, the learned Counsel for the assesse stated that the AO himself was not sure about charge of concealment of income and on charge itself the penalty will not survive. Secondly, the learned Counsel for the assesse stated that even on estimation of penalty of bogus purchase cannot be sustained in view of the decision of this Tribunal in the case of Mrs. Sonali A. Shah vs. ITO in for AY 2007-08 vide order dated 07.11.2016, wherein the Tribunal vide Para 7 and 8 reads as under: - “7. We have heard the rival submissions and perused the orders of the authorities below and the case law relied on. In this case the assessee is into the business of textiles, iron and steel. There was a survey in the premises of the assessee and in the course of survey it was noticed that the assessee was showing very low gross profit on the turnover from the business of textiles as well as iron and steel. The Assessing assessee seems to have given evasive replies. The survey party has also found that the assessee is operating her business in a small place on a sharing accommodation without even any furniture/staff etc. The survey party also recorded a statement from assessee’s husband who has stated that they did not have any opening stock or closing stock in both the business as they receive orders from the parties they place orders with the members directly and the material is supplied to the parties. The assessee raises bills on her client and in turn her suppliers also raise bills on the assessee. In the course of assessment proceedings, the Assessing Officer issued notices to various parties who have sold materials to the assessee. Many of the notices were returned unserved. However, assessee seems to have produced the confirmations before the Assessing Officer whereas notices were returned unserved. The Assessing Officer after noticing various discrepancies in the confirmations he treated such confirmations as dubious and non-genuine. In view of all these discrepancies the Assessing Officer rejected the books of accounts of the assessee and estimated the gross profit at 20% in respect of sales made in the textile business and 10% in sales made in iron and steel business. The Ld. CIT(A) sustained the action of the Assessing Officer in rejecting books of accounts and estimating of gross profit. However, the Tribunal while sustaining the rejection of books of accounts by the lower authorities as they are not reliable and at the same time held that the gross profit estimated in the iron and steel business and textile business is on higher side. The Tribunal reduced the gross profit rate by 5% in both the businesses of the assessee.”
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026