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2012 (11) TMI 1081 - AT - Income TaxAddition made on account of books purchases from Shree Laxmi Industrial Corporation - Held that - When sales declared by the assessee have not been doubted, it was not proper on the part of the AO to deny the claimed purchases on the basis of which sales were made. Only option if any was available with the department was to estimate the income of the assessee during the year on the basis of trading result of earlier three years, made available at page no- 38 of the paper book filed on behalf of the assessee. As during the year, the assessee has shown better gross profit at a better GP rate of 27.67 % in comparison to the GP profit and GP rates of earlier two AYs. In the AY 2005-06, the assessee has shown GP rate on 25.67 % and in AY 2004-05, the GP rate shown is 25.47%. Since the assessee has shown better GP rate during the year, we find that there is no justification to make addition even on this account. We thus while setting aside the orders of the authorities below on the issue direct the AO to delete the addition in question at ₹ 43,34,496/- made by the AO on account of the alleged bogus purchases made from Shree Laxmi Industrial Corporation.
Issues Involved:
1. Validity of initiation of reopening proceedings under Sections 147 and 148. 2. Justification of the addition of Rs. 43,34,496/- made by the Assessing Officer (AO). 3. Rejection of material and evidence provided by the assessee. 4. Addition to the trading account without rejection of books of accounts. 5. Addition based on a retracted statement without corroboration. 6. Addition based on material collected without providing the assessee an opportunity to rebut. 7. Addition made without providing the opportunity to cross-examine the person whose statement was used against the assessee. Issue-wise Detailed Analysis: 1. Validity of Initiation of Reopening Proceedings under Sections 147 and 148: At the outset of the hearing, the assessee withdrew Ground Nos. 1 and 2, questioning the validity of the initiation of reopening proceedings under Sections 147 and 148. The Tribunal accepted the withdrawal, and these grounds were rejected as withdrawn. 2. Justification of the Addition of Rs. 43,34,496/-: The primary issue was whether the authorities were justified in making and sustaining the addition of Rs. 43,34,496/- on account of alleged bogus purchases from Shree Laxmi Industrial Corporation. The AO based the addition on statements from the Director of the assessee company and a partner of Shree Laxmi Industrial Corporation, which suggested that the purchases were merely for bogus billing without actual transactions. The CIT(A) upheld this addition. 3. Rejection of Material and Evidence Provided by the Assessee: The assessee argued that the AO made the addition by arbitrarily rejecting the material and evidence brought on record, which showed that the purchases were made in the regular course of business. The AO did not reject the books of accounts maintained by the assessee, which included cash book, ledger, and stock registers. The assessee provided various documents, including audited balance sheets, profit and loss accounts, stock registers, and bank statements, to support the genuineness of the purchases. 4. Addition to the Trading Account without Rejection of Books of Accounts: The Tribunal noted that the authorities did not reject the books of accounts or the documents filed by the assessee. Instead, they relied solely on the statements of the Director and the partner of Shree Laxmi Industrial Corporation. The Tribunal found this approach insufficient, especially since the sales declared by the assessee were not doubted. 5. Addition Based on a Retracted Statement without Corroboration: The Tribunal observed that the statements of the Director were retracted, with claims that they were made under threat and pressure during a late-night survey. The Tribunal emphasized that no addition should be made merely based on a retracted statement without any corroborative evidence. 6. Addition Based on Material Collected without Providing the Assessee an Opportunity to Rebut: The Tribunal found that the authorities did not examine the documents provided by the assessee in support of the purchases and held the purchases as bogus based on statements without giving the assessee an opportunity to rebut the evidence collected against them. 7. Addition Made without Providing the Opportunity to Cross-examine: The Tribunal disagreed with the authorities' decision to deny the assessee the opportunity to cross-examine the partner of Shree Laxmi Industrial Corporation. The Tribunal held that the onus was on the department to establish that the purchases were bogus, especially when primary evidence was provided by the assessee. Conclusion: The Tribunal concluded that the authorities below erred in making the addition of Rs. 43,34,496/- without rejecting the books of accounts or properly examining the evidence provided by the assessee. The Tribunal directed the AO to delete the addition, emphasizing that the assessee had shown a better gross profit rate during the year compared to previous years, and there was no justification for the addition. The appeal was partly allowed, with the issue decided in favor of the assessee.
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