2021 (1) TMI 529 - AT - Income Tax

Bogus purchases - CIT-A sustaining an addition by estimating 12.5% of the alleged purchases on the ground that the parties were not produced and grossly ignoring the explanations, submissions and material placed on record - HELD THAT - As evident that the assessee remained unsuccessful in discharging the burden of establishing the genuineness of the purchases. Notices issued u/s 133(6) elicited no response and the assessee failed to produce even a single supplier to confirm the transactions. Therefore, the lower authorities had no option but to make estimated additions against these suspicious purchases. No new material has been adduced by the assessee before us that would warrant us to deviate from the findings of lower authorities. We confirm the estimation of 12.5% as made by Ld. AO. The grounds thus raised stands dismissed. The assessee, in one of the ground, has asserted that no opportunity of cross-examine the suppliers was provided to the assessee. However, we find that the initial onus was on assessee to produce the suppliers and therefore, this plea cannot be given much weight.- Decided against assessee.

Issues:
1. Validity of assessment order passed by the Assessing Officer
2. Addition of estimated profit margin on alleged purchases
3. Jurisdiction of Assessing Officer to reopen proceedings
4. Failure of the assessee to substantiate purchase transactions
5. Justification of estimated additions against suspicious purchases
6. Opportunity of cross-examination of suppliers

Analysis:

Issue 1: Validity of assessment order
The appeal contested the order of the Commissioner of Income-Tax (Appeals) for the Assessment Year 2013-14, challenging the validity of the order passed by the Deputy Commissioner of Income Tax. The Tribunal noted that the assessment was framed under section 143(3) without any reassessment proceedings for the year under consideration. Thus, the legal ground challenging the jurisdiction to reopen proceedings was dismissed.

Issue 2: Addition of estimated profit margin
The Assessing Officer estimated a profit margin on alleged purchases, which the Commissioner of Income Tax (Appeals) confirmed. The Tribunal observed that the assessee failed to substantiate the purchases, leading to the estimation of 12.5% profit margin. Despite the assessee's submissions, the Tribunal upheld the estimation based on judicial precedents and dismissed the appeal.

Issue 3: Jurisdiction of Assessing Officer
The assessee challenged the jurisdiction of the Assessing Officer to reopen the proceedings. However, since the assessment was conducted under section 143(3) without any reassessment, the challenge was found to lack substance, and the Tribunal dismissed this ground.

Issue 4: Failure to substantiate purchase transactions
The assessee, engaged in garment manufacturing and trading, faced allegations of obtaining bogus purchases. Despite providing some documentation, the assessee failed to confirm transactions through notices or supplier presence. Consequently, the Assessing Officer made estimated additions against the suspicious purchases.

Issue 5: Justification of estimated additions
The Tribunal upheld the estimated additions, noting the assessee's failure to establish the genuineness of purchases. Lack of supplier confirmation and responses to notices led to the decision to uphold the 12.5% estimation by the Assessing Officer, as supported by judicial precedents.

Issue 6: Opportunity of cross-examination
The assessee claimed lack of opportunity to cross-examine suppliers. However, the Tribunal found that the initial onus was on the assessee to produce suppliers for confirmation, diminishing the weight of this plea. Therefore, the appeal was dismissed, affirming the estimation of profit margin on alleged purchases.

In conclusion, the Tribunal dismissed the appeal, confirming the estimated additions and emphasizing the assessee's failure to substantiate purchase transactions, leading to the upheld profit margin estimation.

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