2019 (2) TMI 698 - AT - Income Tax

Bogus purchases - addition u/s 69C - addition made @12.5% of the alleged bogus purchases - profit estimation - Held that - there cannot be any sale without purchases, therefore, only option available with us to estimate the profit. Taking a shelter from the aforementioned judicial pronouncements, and since, the assessee has already declared gross profit more than 9% in both the Assessment Years, therefore, we deem it appropriate to estimate the profit @ 11% in place of 12.5% estimated by the Ld. Commissioner of Income Tax (Appeal). Thus, both the appeals of the assessee are partly allowed.

Summary

Issues Involved:
1. Alleged bogus purchases.
2. Addition under section 69C of the Income Tax Act, 1961.
3. Estimation of profit percentage.
4. Stay Petitions.

Detailed Analysis:

1. Alleged Bogus Purchases:
The primary issue in these appeals was the alleged bogus purchases amounting to ?2,78,00,109/- for Assessment Year 2010-11 and ?2,63,99,956/- for Assessment Year 2011-12. The assessee contended that purchases were made through brokers and sales tax/VAT had been paid, arguing for a lenient view. However, the Revenue defended the orders of the First Appellate Authority, highlighting that notices sent under section 133(6) were returned undelivered, and the assessee failed to prove the genuineness of the purchases. The assessee was unable to produce the parties from whom the purchases were claimed to be made, raising doubts about the authenticity of the transactions.

2. Addition Under Section 69C of the Income Tax Act, 1961:
The Revenue's position was that the purchases were not genuine, as the parties were untraceable and the assessee could not substantiate the transactions. The Tribunal referred to various judicial precedents, including the Hon'ble Gujarat High Court's decision in Sanjay Oilcakes Industries vs. CIT, which upheld additions where sellers were untraceable and purchases were likely inflated. The Tribunal also considered the judgment in CIT vs Bholanath Poly Fab. Pvt. Ltd., which allowed taxation of the profit margin embedded in such purchases rather than the entire amount.

3. Estimation of Profit Percentage:
The Tribunal noted that in cases where purchases are deemed non-genuine, an estimation of profit is warranted. The assessee had declared a gross profit (GP) of 9.85% and 9.71% for the respective years, and the Commissioner of Income Tax (Appeal) had added 12.5% of the alleged bogus purchases to the income. The Tribunal, considering the judicial precedents and the facts of the case, deemed it appropriate to estimate the profit at 11% instead of 12.5%.

4. Stay Petitions:
Since the appeals were decided on merit, the stay petitions filed by the assessee were dismissed as infructuous.

Conclusion:
The Tribunal partly allowed the appeals of the assessee, reducing the profit estimation from 12.5% to 11%. The decision was pronounced in the open court on 11/12/2018.