INCOME TAX OFFICER-34(3)(2), MUMBAI vs. PINAKI D PANANI, MUMBAI
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 held that since a net profit rate of 5.76% was already applied and sustained in earlier proceedings, which covered the profit embedded in bogus purchases, no further addition was warranted for the specific purchases of Rs. 1,158,195. The sustained addition in the prior assessment was significantly higher than the alleged bogus purchases.
What were the facts?
The Assessing Officer (AO) made an addition for alleged bogus purchases based on information from the Sales Tax Department. The assessee argued that a net profit rate of 5.76% had already been applied to their turnover in previous proceedings, which would cover any profit embedded in these purchases.
What were the issues?
Whether the addition for bogus purchases is justified when a net profit rate has already been applied to the assessee's turnover, effectively taxing the profit embedded in such purchases.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
ITA number 3617/M/2023 four assessment year 2009 – 10 is 01. filed by the income tax officer – 34 (3) (2), Mumbai (the learned AO) against appellate order passed by National faceless appeal Centre (NFAC), Delhi (the learned CIT – A) dated 8/8/2023 wherein the appeal filed by the assessee against assessment order passed under section 143 (3) read with section 147 of the income tax act, 1961 (the act) dated 30/12/2016 passed by the assessing officer, circle – 25 (3), Mumbai was allowed.
“1. Ground no.1. Whether on the facts and in the circumstances of the case and in law, the learned CIT (A) has erred in not considering that the addition was made on the basis of information received from Sales Tax Department, Maharashtra with regard to the bogus purchases made by the assessee from dealers without supply of actual goods.
Ground No.2. Whether on the facts and in the circumstances of the case and in law, the learned CIT (A) is justified in deleting the addition of ₹11,58,195/- made in the hands of assessee under Section 69C of the Income- tax Act, 1961 (the Act) without appreciating the fact that the assessee has failed to discharge its onus to establish the genuineness of the purchases?” brief facts of the case shows that assessee is an individual 03. engaged in the business as the civil contractor working on various projects of MCGM, government and semi government bodies, filed return of income on 29/9/2009 declaring a total income of Rs. 4,865,060/– which was assessed under section 143 (3) on 7/12/2011 at the same income. Subsequently the case was reopened and reassessment was completed under section 143 (3) read with section 147 of the act on 17/2/2014 at the total income of Rs. 21,813,413/–.
In this case information was received from the director general 05. of income tax (investigation), Mumbai stating that assessee has purchased goods worth Rs. 1,158,195/– from the enterprises which was found to be bogus supplier as per the enquiry of sales tax department. The assessee was questioned to prove the purchases from the above party. In response to that assessee submitted letter dated 6/6/2016 wherein it has been submitted that assessee has already been reassessed for addition of Rs. 16,948,368/– on account of purchases from suspicious dealers. The matter travelled before the learned CIT – A and further following the order of the income tax settlement commission, profit rate of 5.76% of turnover was estimated. It was further stated that total addition confirmed by the learned CIT – A is Rs. 5,044,947 on account of bogus purchases. Therefore no further adjustment is required to be made to the total income of the assessee. Assessee also explained the nature of its business stating that she is a civil contractor working on various projects of government and; bodies wherein the contracts were awarded on the basis of the tender and each and every bill of contract is certified by the The learned AO after considering the explanation of the 06. assessee rejected it for the reason that assessee has failed to substantiate the claim of purchases made from the aforesaid party with any credible and corroborative evidence. The facts clearly emerges that in the facts and circumstances of the case the assessee had failed to discharge the onus of proving the purchase transaction shown by them with the aforesaid party. Accordingly the learned assessing officer applied provisions of section 69C of the act and made disallowance of percent of the purchases of Rs. 1,158,195 and determined the total income of the assessee at Rs. 17,926,680 by passing an assessment order on 30/12/2016.
Assessee preferred appeal before The learned CIT – A who 07. passed an order on 8/8/2023 holding that when the ITAT has passed an order dated 19/12/2016 net profit rate at the rate of 5.76% taken by the learned CIT – A was upheld holding that this would include all purchases. The jurisdictional ITA T when decided the issue about the estimation of profit the addition in this appeal stands deleted as only the gross profit embedded in the bogus purchases are to be taxed.
Learned assessing officer aggrieved with the above appellate 08. order is in appeal before us. As per ground number 1 it is contested that that addition has been made on account of
The learned departmental representative After explaining the facts relied upon the order of the learned AO.
The learned authorized representative submitted that in the 010. earlier reassessment proceedings the additions were made on account of bogus purchases only. The learned assessing officer made an addition of ₹ 16,948,368/– in that proceedings. The learned CIT – A computed the net profit at the rate of 5.76% amounting to ₹ 9,873,846 on turnover of ₹ 171,420,934. The learned CIT – A confirmed the addition of the difference on account of net profit as per books of accounts of ₹ 4,828,899/- and estimated net profit at the rate of 5.76% amounting to ₹ 9,873,846. Therefore the addition of ₹ 5,044,947 has already been confirmed on account of bogus purchases. Therefore, the order of the learned AO making the 100 % Percent addition of alleged bogus purchases of ₹ 1,158,195/– is incorrect. He further stated that the addition of gross profit at the rate of 5.76% has also been made on account of order of income tax settlement commission in assessee's own case for assessment year 2010 – 11 to 2012 – 13. Therefore, now the addition has been rightly deleted by the learned CIT – A.
In the result appeal filed by the learned AO is dismissed. 012.
Order pronounced in the open court on 25.04. 2024.
More judgments on Section 69C
- Jitendrakumar Bhikhabhai Shrimali, Mehsana vs ITO Ward 1, MehsaanaITA 1290/AHD/2026[2017-18]Status: Disposed21 Oct 2026AY 2017-18
- Sonu Jain, Agra vs ITO WD(1)(1)(2), AgraITA 671/AGR/2026[2024-25]Status: Disposed16 Oct 2026AY 2024-25
- Mritunjay Singh, Kudra vs AO, SasaramITA 454/PAT/2026[2017-2018]Status: Disposed16 Oct 2026AY 2017-2018
- Shantilal Mafaji Kachchhava, Banaskantha vs ITO WD 1 Palanpur, PalanpurITA 2256/AHD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
- Madhusudhan Gade, Nizamabad vs ITO., Ward-1, NizamabadITA 379/HYD/2025[2017-18]Status: Disposed16 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- 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