SALES ENTERPRISES PRIVATE LIMITED,GUWAHATI vs. INCOME TAX OFFICER, WARD-3(4), GUWAHATI

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ITA 65/GTY/2019Status: DisposedITAT Guwahati20 October 2022AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the AO did not properly ascertain the fair market value of the goods purchased. Therefore, the issue was remanded back to the AO for fresh determination.

What were the facts?

The assessee, a private limited company, made purchases from related parties. The Assessing Officer (AO) made an addition of Rs. 1,43,57,902/- under Section 40A(2)(a) for allegedly paying excessive amounts. The CIT(A) confirmed this addition.

What were the issues?

Whether the addition made under Section 40A(2)(a) was justified without proper ascertainment of the fair market value of the goods purchased from related parties.

Which sections of the Income-tax Act were involved?

Section 40A(2)(a),Section 40A(2)(b),Section 150

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI BENCH,

Before: DR. MANISH BORAD & SHRI SONJOY SARMA]

Hearing: 28.07.2022Pronounced: 20.10.2022

ORDER

PER SONJOY SARMA, JM:

1.

This appeal filed by the assessee to the assessment year 2014-15 is directed against the order of ld. CIT(A) -2, Guwahati dated 04.12.2018 which is arising out of assessment order u/s 143(3) of the Income-tax Act, 1961. The assessee is in appeal before the Tribunal raising the following grounds: “i. For that the ld. Assessing Officer is not justified in making addition of Rs. 1,43,57,902/-. ii. For that the ld. CIT(A) is not justified in confirming the addition of Rs. 1,43,57,902/- u/s 40A(2)(b) even though amendment by Finance Act, 2012 as regards inapplicability of same to specified domestics transaction was brought to his notice. iii. For that the ld. Assessing Officer is not justified in making addition u/s 40A(2)(b) & CIT(A) is not justified in confirming the same when Income Tax Act contains specific provision & procedure by way of Chapter X-Special Provision relating to avoidance of tax. iv. For that the ld. CIT(A) is not justified in giving blanket directions u/s 150 of the I.T. Act, 1961.

Sales Enterprises Pvt. Ltd. AY 2014-15 v. The appellant craves the leave to take additional grounds at the time of hearing of appeal.”

2.

The brief facts of the case are that the assessee is a Private Limited Company dealing in black pepper, ginger etc. on wholesale basis. The return was selected for scrutiny and during the course of scrutiny, the Assessing Officer noticed that the appellant has not filed Form No. 3CEB which was mandatory. The Assessing Officer conducted enquiry u/s 133(6) and come to the conclusion that appellant has paid excessive amount to related parties on account of purchases made and the AO made an addition of Rs. 1,43,57,902/- u/s 40A(2)(a).

3.

Dissatisfied with the above order, assessee preferred an appeal before the ld. CIT(A), Guwahati-2. However, the appeal of the assessee was dismissed by the ld. CIT(A).

4.

Aggrieved by the aforesaid order, the assessee is in appeal before the Tribunal. At the time of hearing, the ld. AR submitted before us that the ld. AO has made an addition without considering the explanation filed by the assessee during the course of assessment proceeding. Since the assessee’s buying rate is not comparable with non related buyer’s rate as the appellant/assessee buys goods as per the required quality only and the fair market value of goods i.e. black pepper did not properly ascertained in assessee’s case by the AO. Besides that application of black pepper rates depends upon the quality of black pepper sold. Moreover, the ld. AR substantiate his argument, he submits before us that every purchase from the sister concern need not necessarily attract the provision of section 40A(2)(b) without considering the legitimate business requirement and quality of goods and in absence of any evidence to show that payment which is excessive or unreasonable having regard to the fair market value of the goods. He further submitted before us that since the AO did not determine the fair market value of goods purchased by the assessee in accordance with market rates of the goods. Therefore, the matter may be remand back to the file of AO to decide the issue afresh.

5.

On the other hand, the ld. DR relied on the orders passed by the authorities below.

Sales Enterprises Pvt. Ltd. AY 2014-15 6. We after hearing the rival submission of the parties and material available on record since in the instant case as the Assessing Officer did not ascertained the fair market value of the goods i.e. black pepper. Therefore, we remand back the issue to ld. AO to decide the fair market value of the black pepper and directed the assessee to furnish comparative details of sales made by the Pepcos Agencies to M/s. Seles Enterprise Pvt. Ltd. and to others so as to ascertain the fair market value of black pepper by the ld. AO in proper manner.

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