2013 (8) TMI 966 - AT - Income Tax

Bogus purchases - GP addition - Held that - The departmental appeal has no merit on both the grounds of appeal. The AO made the addition by following the finding of fact brought out on record in preceding assessment year 2008-09. The ld. CIT(A) following the order of the Tribunal of preceding assessment year 2008-09 deleted both the additions. It, therefore, appears that both the additions now challenged before us are identical which have been considered in detail in preceding assessment year 2008-09. Therefore, the facts being same, we respectfully follow the order of the Tribunal in the case of assessee for preceding assessment year and dismiss the departmental appeal.

Summary

Issues:
1. Deletion of addition of Rs. 61,80,049 for bogus purchase
2. Granting relief on account of GP
3. Deletion of addition of Rs. 2,49,000 for interest paid

Analysis:

Issue 1 - Deletion of addition of Rs. 61,80,049 for bogus purchase:
The Revenue appealed against the order of the ld. CIT(A)-I, Agra regarding the addition of Rs. 61,80,049 for bogus purchases from M/s. Gopal Enterprises. The AO found that the assessee failed to produce bills and vouchers for the purchases and concluded they were bogus. The CIT(A) considered the assessee's written submission and noted that similar additions made in the previous year were deleted by the ITAT, Agra Bench. The CIT(A) followed the ITAT's order for the preceding year and deleted the addition. The Tribunal upheld the CIT(A)'s decision, stating that since the facts were the same as the previous year and the ITAT had already ruled in favor of the assessee, the departmental appeal had no merit.

Issue 2 - Granting relief on account of GP:
The Revenue also challenged the relief granted on account of GP without appreciating the facts of the case. The AO rejected the book results and disallowed the claimed purchases. The CIT(A) considered the assessee's submissions and the ITAT's decision in the previous year, where similar additions were deleted. The CIT(A) followed the ITAT's order and deleted the addition of Rs. 61,80,049. The Tribunal upheld the CIT(A)'s decision, emphasizing that the facts were identical to the previous year's case, leading to the dismissal of the departmental appeal.

Issue 3 - Deletion of addition of Rs. 2,49,000 for interest paid:
Regarding the deletion of the addition of Rs. 2,49,000 for interest paid to Smt. Renu Jain, the AO disallowed the amount as business purpose was not explained. The CIT(A) reviewed the assessee's written submission and the ITAT's order from the previous year, where similar additions were deleted. The CIT(A) relied on the ITAT's decision and deleted the addition. The Tribunal upheld the CIT(A)'s decision, stating that since the facts were the same as the previous year and the ITAT had already ruled in favor of the assessee, the departmental appeal had no merit.

In conclusion, the ITAT, Agra upheld the CIT(A)'s decision to delete the additions related to bogus purchases and interest paid, as the facts were identical to the previous year's case where the ITAT had ruled in favor of the assessee. The departmental appeal was dismissed based on the consistent application of the previous year's decision.