2019 (12) TMI 368 - AT - Income Tax

Reopening of assessment u/s 147 - Bogus purchases - assessee suo moto informed that the actual purchase from these two parties - HELD THAT - As disclosed profit rate at the rate of 9.61% on the turnover of ₹6,50,58,621/- and there is no dispute whatsoever noted by the AO or CIT(A) in their respective orders. AO has already disclosed the gross profit amounting to ₹62,54,161/- but the purchase from the parties are to the tune of ₹1,50,25,860/- which are included in the total turnover of the assessee. Assessee itself declared the profit rate at the rate of 9.69% but the purchase made from these suspected parties on which profit accounted for is only to the tune of ₹ 9.69% but in our view the profit rate in the case of bogus purchase or purchase made from suspected parties should have been at the rate of 12.5%. Hence, we direct the Assessing Officer to restrict the addition being differential amount as profit at the rate of 12.5% minus (-) 9.61% on the bogus purchases or purchases from suspected parties amounting to ₹ 1,50,25,860/- only. There is no defect in the books of accounts but since, there is element of bogus purchase which we have already considered and no other addition can be made. We direct the Assessing Officer to re-compute the income in view of the above directions. The appeal of the assessee is partly allowed.

Summary

Issues involved:
1. Reopening of assessment under section 148 of the Income Tax Act.
2. Rejection of books of account and application of profit rate on gross receipts.

Issue 1: Reopening of assessment under section 148 of the Income Tax Act:
The appeal pertains to the reopening of assessment by the Assessing Officer (AO) under section 148 of the Income Tax Act. The appellant contended that the notice for reopening the assessment was bad in law. However, the appellant's counsel did not make any arguments on this ground, leading to its dismissal. The Tribunal noted the facts that led to the reopening, including information received from the Directorate General of Income Tax Investigation regarding alleged bogus bills of purchase. Despite the appellant submitting evidence of the genuineness of purchases, the AO estimated income at 8.17% of total turnover, resulting in an addition to the total income.

Issue 2: Rejection of books of account and application of profit rate on gross receipts:
The second issue raised by the appellant concerns the rejection of books of account by the AO and the application of a profit rate on gross receipts. The AO rejected the books of account and applied a profit rate of 8.17% on the gross receipts, citing a Settlement Commission order for a different assessment year. The appellant argued that the rejection of books without a show cause and the application of the profit rate were erroneous. The Tribunal considered the evidence provided by the appellant, including bank settlements, ledger accounts, and purchase details. It was noted that the appellant had disclosed a profit rate of 9.61% on the turnover, with no dispute on this rate. However, the Tribunal directed the AO to restrict the addition based on suspected party purchases to a profit rate of 12.5%, resulting in a partial allowance of the appeal.

In conclusion, the Tribunal partially allowed the appeal, directing the AO to recompute the income based on the revised profit rate for suspected party purchases. The judgment provides a detailed analysis of the issues raised by the appellant, including the reopening of assessment and the rejection of books of account, ensuring a fair consideration of the facts and legal arguments presented.