2017 (8) TMI 1671 - HC - Income Tax

Estimation of income - bogus purchases - HELD THAT - CIT(Appeals) as well as Tribunal both have accepted the assessee's contention that adding the entire amount of bogus purchases would give a completely distorted figure and the gross profit would be higher than the total turnover. Such bogus purchases were for offsetting the purchases from producers and agriculturists directly who would not have the billing facility. Only question seriously paused before us was, was the Tribunal justified in adopting the gross profit rate of 8% as against 25% adopted by CIT (Appeals)? When additions are made on the basis of gross profit rates, a limited amount of estimation and gross work is always inbuilt. The assessee had pointed out that without the additions, the gross profit for the year under consideration was approximately 7%. Tribunal therefore, did not commit any error in accepting the gross profit rate of 8% on the purchases which was otherwise found not genuine. No question of law arises. The disclosure made by the assessee in his statement pertained to the bogus purchases and was therefore rightly assessed by the CIT (Appeals) and the Tribunal. No question of law arises. Tax Appeals are dismissed

Summary

Issues:
1. Disallowance of bogus purchases
2. Addition of undisclosed income admitted during survey

Analysis:
1. The case involved an appeal by the Revenue against the judgment of the Income Tax Appellate Tribunal regarding the disallowance of bogus purchases and addition of undisclosed income. The respondent, engaged in the business of refining and selling edible oils, was found to have made bogus purchases worth Rs.5.66 crores from different agencies during a survey operation. The Assessing Officer added both the bogus purchase amount and the undisclosed income of Rs.61.05 lakhs to the assessment. The Commissioner (Appeals) held the purchases as bogus but restricted the addition to 25% of the bogus purchase amount based on the assessee's gross profit margin calculations.

2. The Tribunal partially allowed the assessee's appeal and rejected the Revenue's appeal, reducing the addition of bogus purchases to 8% instead of 25% as determined by the Commissioner (Appeals). The Tribunal also upheld the decision not to separately tax the disclosed sum of Rs.61.05 lakhs. The High Court, after considering the arguments, found no reason to interfere with the Tribunal's decision. The Court noted that adding the entire bogus purchase amount would distort the profit figures, and the gross profit would exceed the turnover. The key question was whether the Tribunal was justified in adopting an 8% gross profit rate instead of 25%.

3. The Court explained that when additions are based on gross profit rates, there is inherent estimation involved. The assessee had shown a gross profit of approximately 7% without the additions. Therefore, the Tribunal's acceptance of an 8% gross profit rate on the non-genuine purchases was deemed reasonable. The disclosure of Rs.61.05 lakhs by the assessee related to the bogus purchases and was appropriately assessed by the Commissioner (Appeals) and the Tribunal. Ultimately, the Court found no legal question arising from the case and dismissed the Tax Appeals, as the issues were identical to previous appeals and did not warrant separate reasons.