KRISHNA APPLIANCES,THANE vs. ITO WD 4(2), THANE

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ITA 6821/MUM/2016Status: DisposedITAT Mumbai01 May 2017AY 2011-124 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that while the assessee did not conclusively prove the genuineness of purchases due to lack of stock register and transportation proof, the AO's reliance solely on general information was also questionable. Therefore, the addition was restricted to estimate the profit on such purchases.

What were the facts?

The assessee claimed purchases of Rs. 5,34,009/- from a dealer who allegedly provided accommodation bills. The Assessing Officer (AO) disallowed these purchases based on information from the Sales Tax department and an inspector's report. The CIT(A) confirmed the addition.

What were the issues?

Whether purchases from a supplier providing accommodation bills can be entirely disallowed when the assessee claims to have used the materials for production and made payments by cheque.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)

For Appellant: Shri Stam C. Agrawal
For Respondent: Ms. Beena Santosh
Hearing: 1.5.2017Pronounced: 1.5.2017

The appeal of the assessee is directed against the order dated 18-08-2016 passed by Ld CIT(A)-3, Thane and it relates to the assessment year 2011-12. The assessee is aggrieved by the decision of Ld CIT(A) in confirming the addition of Rs.5,34,009/- on account of bogus purchases.

2.

The assessee is manufacturing home appliances like non-stick cook wears etc. The revenue got information from the Sales tax department that certain dealers are providing only accommodation bills without actually supplying the materials. The information supplied by the Sales tax department also provided the details of beneficiaries. The assessee was named as one of the beneficiaries in respect of bills given by M/s Heta Sales P Ltd. During the year under consideration, the assessee has purchased materials worth Rs.5,34,009/- from the above said party. The AO added the above said amount to the total income

2 M/s. Krishna Appliances of the assessee by disallowing the purchases. The Ld CIT(A) also confirmed the addition and hence the assessee has filed this appeal.

3.

At the time of hearing, the Ld A.R submitted that the assessee has purchased spare parts from the above said concern and consumed the same in producing the home appliances. He submitted that the materials were supplied to its doorsteps and the payments have been made by way of cheque. He submitted that there is no evidence to show that the money has flown back to the assessee. He submitted that the Gross Profit ratio declared by the assessee was 18.89% during the year under consideration and the same is comparable to 17.89% and 19.74% declared by the assessee in the succeeding two years. He further submitted that the assessee could not have produced the goods without using the materials. He submitted that the concerned dealer has given such type of statement to suit its own convenience and hence the same should not have been relied upon by the tax authorities. Accordingly he submitted that there is no justification for treating the entire amount of purchases as bogus, merely by placing reliance on the general information provided by the Sales tax department.

4.

On the contrary, the Ld D.R submitted that the inspector of income tax has conducted independent enquiries and have given report supporting the view taken by the Sales tax department. She further submitted that the above said supplier has confessed before the Sales tax department that it has given only accommodation bills. Accordingly she submitted that the Ld CIT(A) was justified in confirming the disallowance made by the AO.

5.

I heard the parties and perused the record. I notice that the assessing officer has mainly placed reliance on the information received from the Sales tax department to take adverse decision against the assessee. Though the 3 M/s. Krishna Appliances assessing officer states that an independent enquiry was conducted by his Inspector, he has not discussed about the nature and results of enquiry nor did he confront the same with the assessee. The Ld A.R submitted that the year under consideration was the first year of operation and the Gross profit ratio declared by the assessee was comparable with the succeeding years. The assessee has given the G.P ratio workings in page no.10 of paper book. Accordingly the Ld A.R submitted that the addition made by the AO would increase the G.P ratio abnormally. I find merit in the said contentions. However, we notice that the assessee has not maintained stock register nor did it have proof for transportation of materials. The assessee also could not get any confirmation letter from the supplier not did it produce the supplier before the AO. Hence, I am of the view that the assessee has not conclusively proved the genuineness of the purchases. At the same time, there is merit in the contentions of the assessee that the assessee could not have produced the goods without using the materials. One possibility is that the assessee could have purchased the goods from grey market at a lower rate, though there is no fool proof evidence to support such a conclusion. Under these set of facts, I am of the view that this issue may be settled by estimating the profit the assessee could have made from such kind of purchases. Accordingly I modify the order passed by Ld CIT(A) and direct the AO to restrict the addition to 12.5% of the impugned purchase amount in order to take care of deficiencies, if any. In my view, the same would put this issue at rest. I order accordingly.

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