2019 (4) TMI 1858 - AT - Income Tax

Bogus purchases - profit percentage of 12.5% confirmed - HELD THAT - The appellant has explained the consumption of the raw material purchase. The Gross Profit . Net Profit ratios shown by it during the years under dispute are also normal. The profits have in fact improved in these two years. It is also noted from the copies of account furnished by the appellant that there have been regular purchases and payments in the accounts of above suppliers therefore there is enough rotation of funds. Considering overall facts and circumstances of the case it would be appropriate to apply a profit percentage of 12.5% its approved in BHOLANATH POLY FAB PVT LTD. 2013 (10) TMI 933 - GUJARAT HIGH COURT on the bogus purchases made by the appellant during each year. - Order passed by CIT(A) confirmed.

Summary

Issues Involved:
Challenging order under section 143(3) r.w.s. 147 for assessment years 2009-10 and 2010-11 regarding deletion of addition made on purchases treated as bogus and non-genuine.

Analysis:
1. Grievances Raised:
The appeals and cross objections contested the order deleting the addition on purchases treated as bogus and non-genuine. The issues raised included the CIT(A) allegedly erring in law and fact by not appreciating the case's facts and material properly, and the demand for restoration of the Assessing Officer's order.

2. Application of Profit Percentage:
The Tribunal noted that the issue was covered by High Court judgments, allowing a profit percentage of 12.5% in cases of such bogus purchases. The CIT(A) upheld the Assessing Officer's decision based on sufficient evidence from the Sales Tax Department regarding the parties involved in issuing bogus bills for materials.

3. Detailed Analysis of Purchases:
The appellant's purchases from parties involved in issuing bogus bills were specified for each assessment year. Despite the bills being found bogus, the appellant reconciled purchases with material consumed, showing consistent GP ratios in earlier years. The appellant's reconciliation of material purchased and consumed indicated genuine transactions, supported by regular purchases and payments to suppliers.

4. Judicial Precedents and Conclusion:
The Tribunal relied on various High Court judgments to support the application of a profit percentage on such purchases. The judgments highlighted that only the profit element embedded in the purchases should be added to the assessee's income, not the entire purchase amount. The Tribunal approved the CIT(A)'s decision based on the absence of contrary decisions and dismissed the appeals and cross objections.

5. Final Decision:
The Tribunal dismissed the appeals and cross objections, affirming the CIT(A)'s conclusions and declining to interfere. The cross objections were dismissed due to lack of prosecution. The judgment was pronounced on April 5, 2019, in line with the High Court's established views on the matter.