2020 (2) TMI 504 - AT - Income Tax

Reopening of assessment u/s 147 - Bogus purchases - AO estimated such profit element @ 12.5% on the bogus purchase - HELD THAT - Purchases were never examined or verified at the time of processing of return of income under section 143(1). On the contrary, tangible material has come to the possession of the Assessing Officer subsequently revealing escapement of income on account of non genuine purchases. There is no dispute that on the basis of such material, the Assessing Officer has re opened the assessment under section 147 of the Act. That being the case, we do not find any merit in the grounds raised by the assessee challenging the validity of the re opening of the assessment under section 147 of the Act, hence, dismissed Bogus purchases - Both the Assessing Officer and learned Commissioner (Appeals) have proceeded to make the addition on estimate basis makes it clear that they have no doubt with regard to the fact that the goods representing such purchases have been entered in assessee s books of account and corresponding sales have been effected. It is noticed, while deciding identical issue in case of the Karta of the HUF, who is not only in same line of business but had made similar purchases from common entities, the Tribunal 2017 (12) TMI 1667 - ITAT MUMBAI relating to the Assessment Years 2009 10 and 2010 11 has deleted the additions. - Decided against revenue

Summary

Issues Involved:
- Cross appeals arising from two separate orders dated 29th July 2018
- Common issue: additions made/deleted on account of non-genuine purchases

Analysis:

Validity of Re-opening Assessment under Section 147:
The judgment addresses the validity of re-opening the assessment under Section 147 of the Act. The Assessing Officer re-opened the assessment based on specific information indicating non-genuine purchases. The Tribunal found that tangible material came to the possession of the Assessing Officer subsequently, revealing income escapement due to non-genuine purchases. The Tribunal dismissed the challenge to the validity of re-opening the assessment, as the purchases were not examined during the initial processing under Section 143(1) and new material supported the re-opening.

Merits of the Issue - Genuineness of Purchases:
The judgment delves into the genuineness of purchases made by the assessee. The Assessing Officer rejected the purchases as non-genuine due to lack of documentary evidence showing actual delivery of goods and un-served notices under section 133(6) of the Act. However, the assessee provided various documents like purchase invoices, sales invoices, delivery challan, and account confirmations from selling dealers to prove the genuineness of purchases. The Tribunal noted the modus operandi of the assessee, where goods were directly dispatched to end customers without unloading at the assessee's premises. The Tribunal found strength in the documentary evidence provided by the assessee and concluded that the purchases were genuine, ultimately deleting the additions made by the Assessing Officer.

Judicial Precedents and Tribunal Decisions:
The judgment also references previous Tribunal decisions in similar cases where additions on non-genuine purchases were deleted based on valid documentary evidence. The Tribunal highlighted the consistency in decisions regarding similar issues and factual circumstances, leading to the deletion of additions in the present case as well.

In conclusion, the Tribunal allowed the assessee's appeals, while dismissing the Revenue's appeals, based on the findings related to the validity of re-opening the assessment and the genuineness of purchases supported by documentary evidence and consistent judicial precedents.