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2014 (3) TMI 897 - AT - Income TaxRestriction of disallowance - Bogus purchases - Restriction of disallowance @30% of total disallowance Held that - The assessee is in trading of steel on wholesale basis - AO verified the purchases and two parties and had denied having been made any sales to the assessee - assessee s purchases were found bogus - without purchase, no sales can be made - The assessee has shown GP @ 3.86% during the year - In the trading of steel, the margin is less compared to other business - The assessee is not able to prove that he has obtained the bill from these parties but actual purchase the goods were from other parties from grey market The decision in CIT vs. Simit P. Sheth 2013 (10) TMI 1028 - GUJARAT HIGH COURT followed - estimation of profits on bogus purchases in case of trading in steel on wholesale basis and purchases were found bogus but CIT(A) found that these purchases were made from the grey market from other parties - The ld. CIT(A) confirmed the addition on 30%, however, ITAT reduced it to the extent of 12.5% - the assessee held that 12.5% net profit on bogus purchase could be added to the assessee s income as a profit element - 12.5% net profit on bogus purchase is reasonable Decided against Revenue.
Issues:
Cross appeals filed by the assessee and Revenue regarding addition of Rs.13,18,736/- out of purchases made during the year for A.Y. 07-08. Analysis: 1. Assessee's Appeal: - The assessee contested the addition of Rs.13,18,736/- on account of purchases made during the year. The AO found that certain suppliers, M/s Arun Industrial Corporation and M/s Minakshi Enterprises, denied supplying any material to the assessee, leading to the conclusion of bogus purchases. - The AO highlighted various discrepancies, such as the absence of day-to-day stock maintenance, lack of evidence of physical receipt of goods, and non-cooperation from the suppliers in proving the genuineness of the purchases. - The CIT(A) partially allowed the appeal, acknowledging the existence of accommodation bills issued by the suppliers. However, considering the evidence and legal precedents, the CIT(A) confirmed an addition of Rs.13,18,736/- (30% of the total disallowance) as a reasonable amount to cover the gain from the bogus purchases. 2. Revenue's Appeal: - The Revenue challenged the CIT(A)'s decision to restrict the disallowance to 30% of the total amount. The Revenue argued that the entire sum of bogus purchase should be disallowed based on ample evidence proving that the purchases were not genuine. - The Tribunal considered the nature of the assessee's business as a trader dealing in steel items and the low profit margins associated with such trade. The Tribunal noted that the assessee failed to prove the authenticity of purchases from the disputed suppliers but suggested that the goods might have been purchased from other sources in the grey market. - Referring to the decision in CIT vs. Simit P. Sheth, the Tribunal held that a 12.5% net profit on bogus purchases was reasonable, aligning with the Hon'ble Gujarat High Court's stance on similar cases. Consequently, the Tribunal allowed partial relief to the assessee by reducing the addition to Rs.13,18,736/-. 3. Conclusion: - The Tribunal's decision balanced the concerns raised by both the assessee and the Revenue, considering the specific circumstances of the case, the legal precedents, and the nature of the business involved. By applying a 12.5% net profit on the disputed purchases, the Tribunal arrived at a reasonable resolution, providing partial relief to the assessee while upholding the essence of disallowing bogus purchases.
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