ITO 20(3)(1), MUMBAI vs. RAMNIK G. GALA (HUF), MUMBAI

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ITA 2698/MUM/2015Status: DisposedITAT Mumbai30 June 2016AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to restrict the addition to 5% of the alleged purchases, considering it a fair and reasonable approach to account for potential revenue leakage. The addition of the entire purchase amount was deemed inappropriate.

What were the facts?

The Revenue appealed against the CIT(A)'s order which deleted the peak addition on purchases and confirmed a 5% GP addition on alleged bogus purchases. The assessee had declared total income of Rs. 10,59,820/-.

What were the issues?

Whether the entire amount of purchases from suppliers listed as Sales Tax defaulters can be added to income, or if a GP addition is more appropriate. The taxability of real income versus entire transaction amounts was also considered.

Which sections of the Income-tax Act were involved?

Section 69C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO

For Appellant: Shri Ajay, DR
For Respondent: Shri Rajesh S. Shah
Hearing: 30.06.2016Pronounced: 30.06.2016

सुनवाई की तायीख / Date of Hearing : 30.06.2016 घोषणा की तायीख /Date of Pronouncement : 30.06.2016 आदेश / O R D E R PER D. KARUNAKARA RAO, AM:

This appeal filed by the Revenue on 8.5.2015 is against the order of the CIT (A)-32, Mumbai dated 10.2.2015 for the assessment year 2009-2010. In this appeal, Revenue raised four grounds in toto.

2.

Briefly stated relevant facts of the case are that the assessee is engaged in the business of „trading & manufacturing of western outfits and trading in cloth‟ and filed the return of income declaring the total income of Rs. 10,59,820/-. During the assessment proceedings, AO noticed that the assessee reported purchase of goods from suppliers whose names are appearing in the Sales Tax Department‟s website. Accordingly, AO invoked the provisions of section 69C of the Act and found relevant to add 25% of such purchases totalling to Rs. 47,97,806/-. The addition worked out to Rs. 11,99,451/-. AO also worked out the peak of such purchases amounting to Rs.35,75,920/-. Considering the peak amount of purchases, which is more than the GP, Assessing Officer made addition of Rs. 35,75,920/-. Matter travelled to the first appellate authority.

3.

During the first appellate proceedings, CIT (A) deleted the said peak addition and, in principle, approved the GP addition with changes. CIT (A) found appropriate to restrict the additional GP of 5% over and above the GP offered by the assessee ie 10.57%. Thus, the addition confirmed by the CIT (A) worked out to Rs. 2,39,890/-. Sub-para (iv) of para 6.3 of the CIT (A)‟s order is relevant in this regard. Aggrieved with said decision of the CIT (A), Revenue is in appeal before the Tribunal.

4.

Before me, Ld Representatives of both the parties mentioned that the Tribunal in many identical cases have confirmed the GP based additions on such bogus purchases involving such tainted suppliers, whose names listed in the Sales Tax Department‟s website ie www.mahavat.gov.in as Sales Tax defaulters. Therefore, the present appeal may also be decided in tune with the other identical appeal decided by the Tribunal. 5. After hearing both the parties and on perusal of the orders of the Revenue Authorities in general and the relevant sub-para (iv) of para 6.3 of the CIT (A)‟s order in particular, I find, the same is relevant here. Considering the significance of the said para for the sake of completeness of this order, the same is extracted as under:- “(iv) Under Income Tax Act, 1961 what can be taxed is the real income. Even though the transaction is not verifiable, what is taxable is the income component, and not the entire transaction amount. I find that in many such cases, the additions are made based on the GP / NP ratio. In the present case of appellant, in fact the AO himself has not ruled out the possibility that the assessee must have made these purchases from grey markets from some other parties by investing unaccounted cash. In such a situation, even assuming that the appellant would have purchases the goods by investing the unaccounted cash, still it is undisputed that the sale proceeds of said goods have been duly accounted for in the books and offered to tax. Hence, the addition of entire purchase amount cannot be made in the present case. Rather, the cause of justice would be met by making addition of a reasonable percentage of such purchases in order to fulfil the gap of any revenue leakage in aforesaid circumstances. In the present case, I find that the appellant has already shown GP @ 10.57% and it will be reasonable to confirm addition to the extent of 5% of the alleged purchases of Rs. 47,97,806/- from the impugned party ie Rs. 2,39,890/- so that the overall GP comes to @ 15.57%...........” 6. Considering the above, I am of the opinion that the CIT (A) discussed the issue at length and rightly adjudicated the matter before him. Therefore, in my opinion, the decision of the CIT (A) is fair and reasonable and it does not call for any interference. Accordingly, grounds raised by the Revenue are dismissed.

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