2018 (5) TMI 338 - AT - Income Tax

Addition of 25% of the total amount of bogus purchases - Held that - Assessee has engaged into dealings in the grey market. Dealings in the grey market give the assessee various savings at the expense of the Exchequer. Hence, on the overall consideration of facts and circumstances and following the decision in the case of CIT vs Simit P. Sheth 2013 (10) TMI 1028 - GUJARAT HIGH COURT we hold that a disallowance of 12.5% of the bogus purchase would meet the end of justice - Decided partly in favour of assessee Addition on account of excess interest paid to the related parties on the borrowings - Held that - AO has not pointed out any evidence to establish that the interest rate paid was excessive, there is no justification of reducing the interest to 12%. CIT (A) ought to have deleted the addition. We, therefore, find merit in the argument of the Ld. counsel that the Ld. CIT (A) has wrongly confirmed the addition made by the AO. In our considered opinion, the finding of the Ld. CIT (A) is not based on any evidence on record. We therefore, set aside the findings of the Ld. CIT (A) and delete the addition and direct the AO to delete the addition of ₹ 54,000/- made on account of interest expenses. Addition of 20% of the total amount of expenses claimed by the assessee - Held that - AO has pointed out that entries in the ledger are not supported by any bills or vouchers. The assessee had even not maintained the log book for the vehicles. The AO has further pointed out that in all these expenses personal element involved cannot be ruled out. Since, the assessee has failed to substantiate its claim by adducing corroborative evidence, the Ld. CIT (A) has rightly confirmed the disallowance to the extent of 20% on the expenses claimed. Hence, we do not find any infirmity in the findings of the Ld. CIT (A). We therefore uphold the findings of the Ld. CIT (A) and dismiss this ground of appeal of the assessee.

Issues Involved:
1. Validity of proceedings initiated under Section 147 of the Income Tax Act.
2. Validity of assessment orders passed under Section 143(3) read with Section 147.
3. Addition of 25% of the total amount of bogus purchases.
4. Disallowance of interest expenses paid to related parties.
5. Disallowance of 20% of various expenses claimed by the assessee.
6. Disallowance of donation and other minor expenses.

Analysis of Judgment:

1. Validity of proceedings initiated under Section 147 of the Income Tax Act:
The assessee argued that the proceedings initiated under Section 147 were invalid and bad in law. However, the assessee did not press this ground during the appeal. Consequently, the Tribunal dismissed this ground as not pressed.

2. Validity of assessment orders passed under Section 143(3) read with Section 147:
Similar to the first issue, the assessee did not press the ground challenging the validity of the assessment orders passed under Section 143(3) read with Section 147. Therefore, this ground was also dismissed as not pressed.

3. Addition of 25% of the total amount of bogus purchases:
The assessee contended that the purchases were genuine, providing invoices, ledger accounts, and bank statements as evidence. However, the AO found the purchases to be bogus based on information from the Sales Tax Department and DGIT. The AO added 25% of the total amount of bogus purchases to the assessee's income. The Tribunal, following the Gujarat High Court's decision in CIT vs. Simit P. Sheth, modified the addition to 12.5% of the total amount of bogus purchases, as the assessee failed to prove the genuineness of the transactions.

4. Disallowance of interest expenses paid to related parties:
The AO disallowed the interest expenses paid to related parties, restricting the interest rate to 12% from 18%, citing it as excessive. The assessee argued that the interest rate was justified due to the inability to secure loans from banks. The Tribunal found that the AO did not provide evidence to prove that the 18% interest rate was excessive compared to the market rate. Therefore, the Tribunal set aside the findings of the CIT(A) and directed the AO to delete the addition of ?54,000/- made on account of interest expenses.

5. Disallowance of 20% of various expenses claimed by the assessee:
The AO disallowed 20% of the expenses claimed by the assessee for motor car expenses, depreciation, staff welfare, telephone charges, and sundry expenses, due to a lack of supporting bills or vouchers and the potential inclusion of personal expenses. The Tribunal upheld the CIT(A)'s confirmation of this disallowance, stating that the assessee failed to substantiate the claims with corroborative evidence.

6. Disallowance of donation and other minor expenses:
For the assessment year 2011-12, the AO made additional disallowances for donations and other minor expenses such as TDS paid, education cess, and service tax. The Tribunal dismissed the grounds related to these disallowances as they did not arise from the order of the CIT(A).

Conclusion:
The appeals filed by the assessee for the assessment years 2010-11 and 2011-12 were partly allowed. The Tribunal modified the addition related to bogus purchases to 12.5% and directed the deletion of the disallowed interest expenses, while upholding the disallowance of 20% of various expenses and dismissing other minor disallowances. The judgment emphasized the importance of substantiating claims with adequate evidence and the necessity of following legal precedents in determining the genuineness of transactions.

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