2019 (1) TMI 632 - AT - Income Tax

Bogus purchases - estimation of income - Held that - The profit element embedded in the impugned purchases are required to be assessed in the hands of the assessee, as the assessee has failed to furnish the stock register and also evidence for receipt and consumption of materials. Since the assessee has exported materials, the receipt of materials cannot be doubted. The possibility is that the assessee might have purchased materials from one party and obtained bills from another party. Accordingly the profit element embedded in the purchase may be added inthe hands of the assessee. CIT(A) has estimated the profit element at 30% which, in our view, is on the higher side. The learned A.R.submitted that the VAT rate applicable to the impugned purchases is 12.5%. Accordingly, by following the ratio rendered in the case of Simit P. Sheth (2013 (10) TMI 1028 - GUJARAT HIGH COURT) we modify the order passed by the learned CIT(A) and direct the AO to sustain the addition to the extent of 15% of the value of alleged bogus purchases. Appeal filed by the assessee is partly allowed.

Summary

Issues:
1. Addition related to bogus purchases partially confirmed by CIT(A).
2. Estimation of profit element in purchase transactions.
3. Failure to maintain stock register and provide evidence of material receipt and consumption.

Analysis:

Issue 1: Addition related to bogus purchases partially confirmed by CIT(A)
The appeal was filed against the CIT(A)'s decision partially confirming the addition related to bogus purchases made by the assessee. The Revenue received information regarding dealers providing accommodation entries without supplying materials. The AO disallowed the entire amount of ?70.34 lakhs of purchases made by the assessee from such parties, leading to the appeal.

Issue 2: Estimation of profit element in purchase transactions
The CIT(A) assessed the profit element embedded in the purchases at 30% based on precedents like Vijay Proteins Ltd. vs. CIT and CIT vs. Simit P. Sheth. The assessee contended that the profit element estimation was high as their gross profit rate was 28.62%. The Tribunal modified the CIT(A)'s decision, directing the AO to sustain the addition at 15% of the value of the alleged bogus purchases, considering the VAT rate of 12.5%.

Issue 3: Failure to maintain stock register and provide evidence
The assessee failed to maintain a stock register and provide evidence of material receipt and consumption. The AO and CIT(A) found this lack of evidence justifying the addition related to bogus purchases. The Tribunal emphasized the need to assess the profit element due to the absence of proper documentation, despite the assessee exporting materials, indicating material receipt.

In conclusion, the Tribunal partly allowed the appeal, reducing the addition related to bogus purchases to 15% of the purchase value. The decision was based on the inadequacy of evidence provided by the assessee and the need to estimate the profit element in the transactions.