ITO WD 2(4), KALYAN vs. SANTOKSINGH M GULWAN, ULHASNAGAR
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to restrict the addition to 15% of the alleged bogus purchases. This was based on the fact that while the purchases were supported by invoices and payments were through banking channels, the assessee failed to produce suppliers for confirmation, and notices to them remained unserved.
What were the facts?
The assessee, a plywood trader, was subjected to reassessment for AY 2009-10 due to information about bogus purchase bills. The Assessing Officer added the entire amount of alleged bogus purchases, totaling Rs. 1,92,73,078, to the assessee's income.
What were the issues?
The primary issue was whether the entire amount of alleged bogus purchases should be added to the assessee's income, or if a profit element should be considered. The failure of the assessee to substantiate the genuineness of the purchases from the suppliers was also a key consideration.
Which sections of the Income-tax Act were involved?
Section 69C,Section 143(3),Section 147,Section 148,Section 133(6)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI C.N. PRASAD, JM & SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R
Per Manoj Kumar Aggarwal (Accountant Member)
The captioned appeal by revenue for Assessment Year [AY] 2009-10 assails the order of the Ld. Commissioner of Income-Tax (Appeals)-3 Santoksingh M Gulwan Assessment Year 2009-10 [CIT(A)], Thane, Appeal No. 192-THN/15-16 dated 22/08/2016 qua relief provided to the assessee against certain bogus purchases. The assessment was framed by Ld. Income Tax Officer, Ward 2(1), Kalyan u/s 143(3) read with Section 147 of the Income Tax Act on 05/03/2015. None has appeared for assessee despite notice. Left with no option, we dispose- off the same on the basis of material available on record and after hearing Ld. Departmental Representative [DR]. 2.1 Facts leading to the same are that the assessee being resident individual engaged in the business of trading of plywood under proprietorship concern namely Satguru Traders was subjected to an assessment u/s 143(3) read with Section 147 for impugned AY on 05/03/2015 at Rs.1,96,98,960/- after addition of certain bogus purchases for Rs.1,92,73,078/-. The original return was filed on 30/09/2009 at Rs.4,25,880/- which was processed u/s 143(1). The solitary issue involved in the appeal is addition against bogus purchases. 2.2 The reassessment proceedings were initiated upon receipt of certain information from Sales Tax Department, Maharashtra regarding dealers indulging in bogus purchase bills and it was noted that the assessee stood beneficiary of such bogus purchase bills to the tune of Rs.1,92,73,078/- from eight such parties. Consequently, notice u/s 148 dated 29/04/2013 was issued to the assessee which was followed by statutory notices u/s 143(2) and 142(1). The assessee reflected turnover of Rs.215.23 Lacs with GP / NP rates of 2.37% & 2.21% respectively.
Santoksingh M Gulwan Assessment Year 2009-10 2.3 The assessee contended that the purchases transactions were genuine. However, notices sent u/s 133(6) to the alleged bogus supplier remained un-served by the postal authorities, which led the Ld. AO to disbelieve the said transactions and he accordingly, added the same to the income of the assessee u/s 69C.
Aggrieved, the assessee contested the same with partial success before Ld. CIT(A) vide impugned order dated 24/08/2016 where the assessee inter-alia submitted invoice copies, bank statements, ledger extracts, bill wise details of purchases and corresponding sales bills, comparative turnover / profitability chart for three years & Tax Audit Report etc. to substantiate the purchases transactions. After appreciating the same, Ld. CIT(A) restricted the impugned additions to 15% of these alleged bogus purchases which worked out to Rs.28,90,962/-. Aggrieved, the revenue is in further appeal before us.
The Ld. DR placing reliance on the stand of Ld. AO drew our attention to the fact that the assessee failed to substantiate the delivery of material and rightly been saddled with full disallowance. The Ld. DR further submitted that notice sent u/s 133(6) was returned back un-served and the assessee could not produce any of the said party to confirm the transaction and therefore, failed to discharge the onus casted on him.
We have heard the contentions and perused relevant material on record. We are of the considered opinion that there could be no sale Santoksingh M Gulwan Assessment Year 2009-10 without purchase of material keeping in view the assessee’s nature of business which was trading in plywood. The sales turnover achieved by the assessee has not been disputed by the revenue and the payments were through banking channels. The purchases were backed by invoices. At the same time, the assessee could not produce the party for confirmation and notices sent u/s 133(6) remained un-served, which cast serious doubt on assessee’s claim. Therefore, in such a situation, the addition, which could be made, was to account for profit element embedded in these purchase transactions to factorize for profit element earned by assessee against possible purchase of material in the grey market and undue benefit of VAT against bogus purchases, which Ld. CIT(A) has rightly done. Therefore, finding the same to be quite fair & reasonable, we find no reason to interfere with the same.
Resultantly, the revenue’s appeal stands dismissed. Order pronounced in the open court on 04th October, 2017.
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