2017 (5) TMI 1626 - AT - Income Tax

Bogus purchases - purchase could not be confirmed as from the respective sellers because of business either closed or shifted - Held that - We are of the opinion that the Assessing Officer s action in treating the purchases as bogus and adding the entire cost of purchases in the assessment ought not to have been restored by the Tribunal. The view taken by the Tribunal in the case of Vijay Proteins Ltd. v. CIT 1996 (1) TMI 144 - ITAT AHMEDABAD-C has been approved. In that view of the matter, keeping in mind the fact that not the entire amount covered under such purchase, but the profit element embedded therein would be subject to tax, we find that it shall be appropriate to restrict the disallowance made in this regard to 25% of the cost of such purchases in each year. 25% of the payments made to the parties shall be disallowed on account of possible inflation of purchase price. Consequently, the impugned judgment and order passed by the ITAT is modified to the aforesaid extent. Appeal of the assessee is partly allowed.

Summary

Issues Involved:
1. Alleged bogus purchases amounting to ?21,64,000/-.
2. Non-existence of suppliers and discrepancies in purchase transactions.
3. Genuineness of transportation and payment for goods.
4. Maintenance of stock and quantitative details.
5. Appropriate percentage of disallowance for bogus purchases.

Detailed Analysis:

Issue 1: Alleged Bogus Purchases Amounting to ?21,64,000/-
The Assessee showed purchases totaling ?4,06,77,448/-. The Assessing Officer (AO) identified purchases of ?21,64,100/- from three parties (M/s. Chirag Corporation, M/s. Balaji Corporation, and M/s. Rishabh Metal (India)) as bogus. These parties were found to be non-existent at the given addresses, with discrepancies such as non-availability of transportation bills and payments credited to unrelated accounts.

Issue 2: Non-Existence of Suppliers and Discrepancies in Purchase Transactions
The CIT(A) confirmed the AO’s findings that the suppliers were non-existent. For instance, M/s. Chirag Corporation's proprietor confirmed the closure of her business in 2006, and the other two suppliers were unreachable at their provided addresses. Payments made to these suppliers were credited to accounts of unrelated entities, indicating discrepancies.

Issue 3: Genuineness of Transportation and Payment for Goods
The Assessee failed to produce transportation bills and other proof of delivery. The payments made to the suppliers were not credited to their accounts but to unrelated parties. The Tribunal noted that while the Assessee claimed the goods were received and recorded in stock, there was no concrete evidence of the transportation of goods.

Issue 4: Maintenance of Stock and Quantitative Details
The Assessee maintained quantitative details of stock, which were accepted by the Central Excise and Sales Tax departments. The Assessee argued that the specific quality of goods required for manufacturing was not easily available locally and had to be sourced from brokers in Mumbai or Gujarat. Despite not maintaining a day-to-day stock register, the total quantity obtained and used was recorded and matched with sales records.

Issue 5: Appropriate Percentage of Disallowance for Bogus Purchases
The Tribunal considered precedents where only the profit element embedded in bogus purchases was added to the income. The Tribunal cited cases where courts had disallowed a percentage of the purchase cost rather than the entire amount. Based on similar judgments, the Tribunal concluded that 25% of the bogus purchase amount should be disallowed. Therefore, 25% of ?21,64,100/- was directed to be disallowed, resulting in partial allowance of the appeal.

Conclusion:
The Tribunal partly allowed the appeal, directing a disallowance of 25% of the bogus purchases, amounting to ?21,64,100/-. This decision considered the maintenance of quantitative details, the method of payment, and the precedent of disallowing a percentage of the purchase cost rather than the entire amount. The order was pronounced on 15.5.2017.