Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI SHAMIM YAHYA
Date of Hearing –30.05.2017 Date of Order - 01.06.2017
O R D E R PER: SHAMIM YAHYA These are the appeals by the assessee, wherein assessee is aggrieved by following additions on account of bogus purchases:-
Assessment Year Amount (Rs.) 2011-12 3,14,519.00 2010-11 5,29,145.00 2009-10 80,550.00 -7657/Mum/2016 Hiralal C. Sharma 2. I have heard both the counsel and perused the records.
I find that hundred percent disallowance of bogus purchase has been made in this case on account of information that the suppliers were providing bogus purchase bills. I note that the sales has not been doubted. It is settled law that when the sales have not been doubted the corresponding purchase cannot be held to be in entirely bogus. Such practices indicate purchasing through the grey market which entails savings to the assessee on account of saving in taxes and others at the expense of the exchequer. In similar circumstances honourable Gujarat High Court in the case of Sumit P Sheth has upheld disallowance of 12.5% of the bogus purchases. Learned counsel of the assessee fairly agreed for a disallowance of 12.5% of the bogus purchases.
Accordingly in the background of aforesaid discussion I modify the order of learned CIT-A. I hold that 12.5% disallowance from the bogus purchases would meet the end of justice.
In the result these appeals by the assessee stand partly allowed.
Order pronounced in the Open Court on 01.06.2017