2003 (8) TMI 18 - HC - Income Tax

Bogus purchases additions - Whether, Tribunal is correct in sustaining the additions on the ground that there were bogus purchases against the names of three identifiable persons and also against a number of unidentifiable parties? - We are of the view that the aforesaid findings with regard to the quantity of 584 quintals of copra treated as bogus purchases are findings of fact entered purely on appreciation of the facts and circumstances of the case. We do not find any question of law arising from the said order of the Tribunal.

Summary

Issues:
- Question of law regarding sustaining additions on the ground of bogus purchases against identifiable and unidentifiable parties.

Analysis:
The case involved a partnership firm engaged in procuring copra for a sister concern. The Assessing Officer found discrepancies in the copra purchases made by the firm, leading to suspicions of bogus purchases. The Assessing Officer disallowed a sum representing the value of identified and unidentified bogus purchases. The Commissioner of Income-tax (Appeals) accepted the firm's plea that no driage was claimed as the entire quantity purchased was transferred to the sister concern without payment. However, the Tribunal disagreed with the Commissioner's decision, upholding the Assessing Officer's findings of bogus purchases. The Tribunal specifically highlighted the lack of evidence supporting the purchases, such as missing khatta register and denial of sales by the parties named in the purchases.

The Tribunal concluded that the purchases from identified and unidentified parties were not proven to be genuine, justifying the disallowance of the claimed purchase costs. The Tribunal directed the Assessing Officer to restrict the disallowance to the actual cost claimed for the bogus purchases. The High Court, after reviewing the Tribunal's findings, determined that the issues regarding the bogus purchases were factual in nature and did not give rise to any legal questions. Consequently, the High Court declined to answer the question referred and disposed of the income-tax reference.

In summary, the case revolved around the assessment of alleged bogus purchases of copra by a partnership firm. The Assessing Officer's disallowance of purchase costs was upheld by the Tribunal based on the lack of evidence supporting the purchases. The Commissioner's decision to delete the additions was overturned, emphasizing the firm's failure to substantiate the authenticity of the purchases. The High Court, after a detailed analysis, concluded that the Tribunal's findings were factual and did not raise any legal issues, leading to the dismissal of the income-tax reference.