2019 (5) TMI 1732 - AT - Income Tax

Bogus purchases - CIT-A applying the profit rate at 12.5% of the bogus purchase - HELD THAT - We have considered the rival contentions and are of the view that Hon ble Bombay High Court in the case of Mohammad Haji Adam Co. and Ors. 2019 (2) TMI 1632 - BOMBAY HIGH COURT has considered this issue and respectfully following the same, we direct the AO to restrict the profit rate only to the extent of differential percentage as declared on the bogus purchases and as declared on the regular purchases. Hence, we direct the AO accordingly. Appeal of assessee is partly allowed.

Summary

Issues:
1. Validity of reopening of assessment under section 147 of the Income Tax Act.
2. Addition made by AO applying profit rate at 12.5% of bogus purchase.

Issue 1: Validity of reopening of assessment under section 147 of the Income Tax Act:
The appellant challenged the validity of the assessment reopening by the AO under section 147 of the Act. However, the appellant later withdrew this challenge, stating they would not press this ground. Consequently, the issue was dismissed as not pressed by the appellant.

Issue 2: Addition made by AO applying profit rate at 12.5% of bogus purchase:
The primary contention in this appeal was against the CIT(A)'s confirmation of the addition made by the AO, which applied a profit rate of 12.5% on the bogus purchase amount. The appellant, a trading firm dealing in steel products, faced allegations of purchasing from hawala parties providing bogus bills. The AO, finding the purchases unproved, added 12.5% of the unverified purchase amount to the appellant's income.

During the proceedings, the appellant submitted documentary evidence to support the genuineness of the purchases, including payment receipts and material purchase records. However, the AO maintained the addition, citing the appellant's failure to establish the legitimacy of the purchases. The CIT(A) upheld the AO's decision, referencing a Gujarat High Court case to justify the 12.5% profit rate application.

On appeal to the Tribunal, the appellant's counsel acknowledged the facts and proposed a reasonable profit rate application. Referring to a Bombay High Court judgment, the counsel argued for restricting the GP rate on additions related to bogus purchases. The Tribunal, aligning with the Bombay High Court's decision, directed the AO to limit the profit rate adjustment to the differential percentage between bogus and regular purchases.

In conclusion, the Tribunal partially allowed the appeal, directing the AO to adjust the profit rate solely based on the variance between the profit percentages on bogus and genuine purchases, as per the Bombay High Court's ruling.

This detailed analysis of the legal judgment provides a comprehensive understanding of the issues involved and the Tribunal's decision on each matter.