2018 (1) TMI 688 - AT - Income Tax

Disallowance of bogus purchases - CIT-A restricting addition applying profit rate at the rate of 12.5% of the total bogus purchases - Held that - Admittedly, these are bogus purchases but assessee has produced complete reconciliation of purchase and sales and also stock tally. Even the payments are by account payee cheque to this party. Thus even the AO has not doubted the consumption of material purchased and it means that assessee has obtained bogus bill from this party and actually purchased material from grey market at a lesser price and also to avoid VAT payment. CIT(A) correctly applied profit rate at the rate of 12.5% of bogus purchases by following the decision of Hon ble Gujarat High Court in the case of Smith P Seth vs. CIT (2013 (10) TMI 1028 - GUJARAT HIGH COURT)- Decided against revenue

Issues:
Restriction of disallowance of bogus purchases by applying profit rate, CIT(A) not following certain orders and decisions, reliance on case laws, assessment of bogus purchases, reconciliation of purchase and sales, application of profit rate, validity of CIT(A) order.

Analysis:

1. Restriction of disallowance of bogus purchases by applying profit rate:
The main issue in this case was the restriction of the disallowance of bogus purchases by applying a profit rate at the rate of 12.5% of the total bogus purchases. The Revenue appealed against the CIT(A)'s decision to restrict the addition of the entire amount of the bogus purchase to only 12.5% of the profit rate. The CIT(A) based this decision on the appellant's wholesale business nature, the high net profit percentage, and the fact that the goods were actually purchased from manufacturers/traders. The Tribunal upheld the CIT(A)'s decision, stating that the assessee had produced complete reconciliation of purchase and sales, payments were made through account payee cheques, and there was no doubt about the consumption of the material purchased.

2. CIT(A) not following certain orders and decisions:
The Revenue raised grounds against the CIT(A) for not following specific orders and decisions, including those of the Supreme Court and High Courts. However, the CIT(A) justified the restriction of disallowance based on the specific facts of the case and the nature of the appellant's business. The Tribunal supported the CIT(A)'s decision, emphasizing the reconciliation of purchase and sales and the absence of doubt regarding the material consumption.

3. Reliance on case laws:
The Revenue challenged the CIT(A)'s reliance on certain case laws, arguing that different rulings should have been applied. However, the CIT(A) justified the decision based on the specific circumstances of the case, the appellant's business operations, and the evidence provided. The Tribunal upheld the CIT(A)'s reliance on relevant case laws, especially the decision of the Hon'ble Gujarat High Court in a similar case.

4. Assessment of bogus purchases:
The assessment revolved around the AO's addition of the entire amount of the alleged bogus purchase to the assessee's income. The CIT(A) restricted this addition to 12.5% of the profit rate of the bogus purchases, considering the appellant's business model, high net profit percentage, and evidence of actual purchase and sales. The Tribunal found no fault in the CIT(A)'s assessment, emphasizing the reconciliation of purchase and sales and the absence of doubt regarding material consumption.

5. Reconciliation of purchase and sales:
The case involved detailed reconciliation of the purchase and sales transactions by the appellant. The CIT(A) and the Tribunal both considered this reconciliation along with other evidence, such as payments through account payee cheques, to support the authenticity of the transactions and the nature of the purchases.

6. Application of profit rate:
The CIT(A) applied a profit rate of 12.5% to the bogus purchases, considering the specific facts of the case, the appellant's business operations, and the evidence provided. This decision was upheld by the Tribunal, emphasizing the lack of doubt regarding the consumption of the purchased material and the appellant's business practices.

7. Validity of CIT(A) order:
The validity of the CIT(A)'s order was challenged by the Revenue, but the Tribunal found no infirmity in the CIT(A)'s decision. The Tribunal dismissed the Revenue's appeal, supporting the CIT(A)'s reasoning based on the specific facts and evidence presented in the case.

In conclusion, the Tribunal upheld the CIT(A)'s decision to restrict the disallowance of bogus purchases, emphasizing the reconciliation of purchase and sales, the application of a profit rate, and the absence of doubt regarding the material consumption. The appeal by the Revenue was dismissed, and the CIT(A)'s order was deemed valid based on the specific circumstances and evidence in the case.

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