ASSOCIATE PLANTATIONS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-8(2), MUMBAI
What did the Tribunal hold?
The Tribunal found merit in the assessee's contention that quantity details were reconciled and certified by the tax auditor. Therefore, disallowing the entire purchase was not justified.
What were the facts?
The assessee, engaged in steel trading, was found to have made bogus purchases of Rs. 109.60 lakhs from a supplier. The Assessing Officer estimated profit at 12.5% on these purchases, while the CIT(A) enhanced the addition by disallowing the entire purchase amount.
What were the issues?
Whether the entire amount of alleged bogus purchases should be disallowed, or if a profit element estimation is more appropriate, considering reconciliation of quantity details.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” Bench, Mumbai
Before: Shri B.R. Baskaran (AM)
The appeal filed by the assessee is directed against the order dated 29.3.2017 passed by the learned CIT(A)-50, Mumbai and it relates to A.Y. 2007-08. The assessee is aggrieved by the decision of the learned CIT(A) in enhancing the addition of bogus purchases to 100%.
I heard the parties and perused the record. The assessee is engaged in the business of trading in steel. The Revenue carried out survey operation u/s. 133A of the Act and it was noticed that the assessee has made bogus purchases from Siddhivinayak Steel to the tune of ` 109.60 lakhs. During the course of assessment proceedings, the assessee contended that the purchases made from Siddhivinayak Steel are genuine. In support of the same the assessee furnished copies of the purchase bills, ledger account of supplier, details of payments made to the supplier. The Assessing Officer did not agree with the contentions of the assessee and accordingly he estimated profit on alleged bogus purchases at 12.5% and added the same to the total income of the assessee.
2 Associate Plantations Pvt. Ltd.
Before the learned CIT(A), the assessee furnished copy of tax audit report wherein, details of quantity were given. However, the assessee could not produce stock register before the learned CIT(A). The learned CIT(A) also noticed that the assessee has furnished copy of only two purchase invoices. The learned CIT(A) noticed that the quantity details given in tax audit report did not contain details relating to “MS pipe”, which item was purchased from M/s. Siddhivinayak Steel. Even though the assessee submitted that the details relating to MS pipe have been included under the heading “”Seamless Pipes”, the learned CIT(A) did not accept the same. Accordingly, the learned CIT(A) took the view that the profit of 12.5% estimated by the Assessing Officer is not correct and accordingly took the view that entire purchase of ` 109.60 lakhs should be disallowed. Accordingly, he enhanced income of the assessee by disallowing entire amount of purchase made from Siddhivinayak Steel. Aggrieved by the order passed by the learned CIT(A) the assessee has filed this appeal before the Tribunal.
I heard the parties and perused the record. The Ld A.R submitted that the assessee has reconciled the purchases and sales and hence the AO had estimated the profit from the alleged bogus purchases at 12.50%. He submitted that the assessee had given sample of purchase invoices and the Ld CIT(A) has presumed that the assessee could not furnish copies of other invoices. He submitted that the Tax audit report contains quantity details, which has been collated from stock register. Hence non-production of stock register should not have been considered by Ld CIT(A) as an issue to take adverse decision. On the contrary, the Ld D.R supported the order passed by Ld CIT(A).
Having heard rival submissions, I am of the view that there is merit in the contentions of Ld A.R. Since the quantity details have been reconciled and since it has also been certified by the tax auditor, in my view, there is no necessity to disallow entire amount of alleged bogus purchases. I notice that the AO had estimated the profit element embedded in the bogus purchases at 3 Associate Plantations Pvt. Ltd. 12.50% and in my view, it appears to be reasonable. Accordingly I set aside the order passed by Ld CIT(A) on this issue and direct the AO to sustain addition to the extent of 12.50% of the value of purchases.
In the result, the appeal of the assessee is partly allowed. Order has been pronounced in the Court on 18.10.2017.
More judgments on Section 133A
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Amr Infrastructures, Hyderabad vs DCIT., Central Circle-2(1), HyderabadITA 818/HYD/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Shri Vikaskumar Macwan, Nadiad vs Dc/ACIT Central Circle 3, VadodaraITA 2022/AHD/2026[2020-21]Status: Disposed13 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026