2020 (1) TMI 1649 - AT - Income Tax

Estimation of income - bogus purchases - CIT(A) sustained addition @12.5% - HELD THAT - We find that in this case the sales have not been doubted it is settled law that when sales are not doubted, hundred percent disallowance for bogus purchase cannot be done. The rationale being no sales is possible without actual purchases. As decided in Nikunj Eximp Enterprises 2014 (7) TMI 559 - BOMBAY HIGH COURT upheld hundred percent allowances for the purchases said to be bogus when sales are not doubted. However the facts of the present case indicate that assessee has made purchase from the grey market. Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. In such situation in our considered opinion on the facts and circumstances of the case the 12.5 % disallowance out of the bogus purchases done by CIT-A meets the end of justice. Accordingly we uphold the order of learned CIT-A. Decided against revenue.

Summary

Issues:
1. Addition of Rs. 12,80,172/- by sustaining 12.5% disallowance on account of bogus purchases.
2. Reopening of assessment based on information from the sales tax department.
3. Dispute regarding the percentage of disallowance on bogus purchases.
4. Interpretation of law regarding disallowance for bogus purchases when sales are not doubted.
5. Application of case laws and judicial precedents to determine the appropriate disallowance percentage.
6. Distinction of relevant case laws cited by the Revenue.

Analysis:
1. The appeal pertains to the Revenue's challenge against the deletion of an addition of Rs. 12,80,172/- by the learned CIT-A, who sustained a 12.5% disallowance on account of bogus purchases for the Assessment Year 2010-11.

2. The assessment was reopened based on information from the sales tax department indicating purchases from bogus dealers, leading to the assessing officer making a 100% addition of Rs. 14,63,054/- on account of bogus purchases.

3. Upon the assessee's appeal, the learned CIT-A considered the non-doubtful nature of sales and upheld a 12.5% disallowance on the bogus purchases after analyzing various case laws and the specific facts of the case.

4. The ITAT, after hearing both parties, emphasized the settled legal principle that when sales are not in question, a 100% disallowance for bogus purchases is not warranted, as actual purchases are necessary for sales to occur. Reference was made to a High Court decision supporting this stance.

5. The tribunal acknowledged the assessee's purchases from the grey market, highlighting the potential tax evasion involved. Considering the facts and circumstances, the 12.5% disallowance upheld by the CIT-A was deemed appropriate to serve the ends of justice.

6. The Revenue's reliance on the decision of M/s NK Proteins Ltd. Vs. DCIT was distinguished by citing a relevant Bombay High Court case, M Haji Adam & Co, indicating a different interpretation or application of the law in the present context.

7. Consequently, the ITAT dismissed the Revenue's appeal, affirming the CIT-A's order regarding the 12.5% disallowance on the bogus purchases, as it aligned with the legal principles and the specific circumstances of the case.