2017 (6) TMI 519 - AT - Income Tax

Addition on account of bogus purchases - estimation of profit on the alleged hawala purchases - Held that - The issue arising in the present appeals is identical to the issue before the Tribunal in M/s. Chetan Enterprises Vs. ACIT 2016 (8) TMI 1203 - ITAT PUNE and following the same parity of reasoning the addition in the case is restricted to addition by applying the GP rate of 10% on the bogus purchases over and above the GP rate shown by the assessee. The Assessing Officer is directed to re-compute the addition in the hands of assessee in the respective years. Accordingly grounds of appeal raised in both the appeals are partly allowed.

Summary

Issues Involved:
1. Disallowance of purchases from alleged hawala parties.
2. Estimation of profit on alleged bogus purchases.
3. Opportunity for cross-examination of parties involved.
4. Justification of disallowance percentage.

Issue-wise Detailed Analysis:

1. Disallowance of Purchases from Alleged Hawala Parties:
The primary issue in the appeals is the addition on account of bogus purchases. The Assessing Officer (AO) had received information from the Sales Tax Department indicating that certain dealers made bogus sales without depositing VAT. The assessee was listed as a purchaser from these dealers. Despite the assessee providing purchase invoices, transportation receipts, and bank payment proofs, the AO added Rs. 24,31,891/- and Rs. 11,85,773/- for the assessment years 2010-11 and 2011-12, respectively, as bogus purchases.

2. Estimation of Profit on Alleged Bogus Purchases:
The CIT(A) restricted the addition to a Gross Profit (GP) rate of 25% on the said purchases. However, the Tribunal referred to its previous decision in M/s. Chetan Enterprises Vs. ACIT, where it was held that if the assessee establishes the trail of goods, the addition should be restricted to a GP rate of 10% on the bogus purchases over the GP rate shown by the assessee. The Tribunal directed the AO to re-compute the addition by applying a 10% GP rate on the bogus purchases.

3. Opportunity for Cross-Examination of Parties Involved:
The assessee contended that the AO had not provided copies of statements from the alleged hawala parties nor granted an opportunity for cross-examination. The Tribunal emphasized the principle of natural justice, stating that any document used against the assessee must be confronted to them. The Tribunal directed that if the AO has copies of statements, they must be supplied to the assessee. If no such statements are available, no addition is warranted.

4. Justification of Disallowance Percentage:
The Tribunal noted that the assessee had provided substantial evidence to prove the genuineness of purchases, including transportation receipts and sales records. The Tribunal found that the entire purchases could not be disregarded and that an addition of 10% of the quantum of hawala purchases would meet the ends of justice. This was in line with the Tribunal's earlier decisions where similar circumstances were considered.

Conclusion:
The Tribunal concluded that the addition should be restricted to a GP rate of 10% on the bogus purchases over the GP rate shown by the assessee. The AO was directed to re-compute the addition accordingly. The appeals were partly allowed, providing relief to the assessee by reducing the disallowance percentage from 25% to 10%.