PARASINGH B. PARMAR,MUMBAI vs. ITO 19(2)(5), MUMBAI

PDF · subscribers
ITA 3966/MUM/2017Status: DisposedITAT Mumbai16 October 2017AY 2010-113 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that while additions were made on purchases from hawala dealers, the corresponding sales were not disputed. The assessee was denied the opportunity to cross-examine the suppliers. Therefore, the Tribunal deemed it appropriate to uphold an addition of 2% on such purchases.

What were the facts?

The assessee is aggrieved by the addition of profit on alleged bogus purchases. The AO estimated profit at 12.5% based on information from the Sales Tax Department, which the CIT(A) reduced to 5%.

What were the issues?

Whether the addition on account of alleged bogus purchases is justified without allowing cross-examination of suppliers and when corresponding sales are not disputed.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC”, BENCH MUMBAI

Before: SHRI R.C.SHARMA, AM

For Appellant: Shri Naveen Kumar mishra
For Respondent: Ms. N. Hemalatha
Hearing: 04/10/2017Pronounced: 16/10/2017

आदेश / O R D E R PER R.C.SHARMA (A.M):

1.

These are the appeals filed by the assessee against the order of CIT(A)-29, Mumbai dated 05/04/2017 for A.Y.2010-11 and 2011-12 in the matter of order passed u/s.143(3) r.w.s. 147 of the IT Act.

2.

In both the years, assessee is aggrieved for upholding addition by estimating profit of 5% on the alleged bogus purchases.

3.

Rival contentions have been heard and record perused.

4.

On the basis of information from Sales Tax Department, AO found that assessee has made some purchases from hawala dealers. On finding that goods were actually purchased but not from the very same dealer, the AO estimated profit of 12.5% on such purchases and added the same in assessee’s income.

3967/Mum/2017 M/s. Parasingh B Parmar 5. By the impugned order CIT(A) upheld the addition to the extent of 5% against which assessee is in further appeal before us.

6.

It was argued by learned AR that only on the basis of information from Sales Tax Department, the AO has jumped to the conclusion that assessee has made bogus purchases. As per learned AR, assessee has also asked for cross examination but the same was not provided. Our attention was also invited to para 4.3.1 of the CIT(A)s order wherein such request of assessee was declined.

7.

On the other hand, learned DR contended that CIT(A) has very reasonably estimated extra profit at 5%.

8.

I have considered rival contentions and carefully gone through the orders of the authorities below and found that addition has been made by estimating profit on the purchases made from hawala dealers. However, the corresponding sales of the goods so purchased have not been declined. It is also a matter of record that assessee has asked for cross examination of the suppliers on whose statement AO has concluded that these were the bogus suppliers. However, assessee was not given opportunity to cross examine the said suppliers. Keeping in view the totality of facts and circumstances of the case vis-à-vis nature of trading activity the assessee is engaged in and the rate of G.P. declared by assessee, I deem it appropriate to uphold the addition of 2% on such purchases. I direct accordingly.

3967/Mum/2017 M/s. Parasingh B Parmar

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →