2021 (2) TMI 1128 - AT - Income Tax

Estimation of income - Bogus purchases - HELD THAT - As relying on M/S BECON CONSTRUCTIONS PVT. LTD. VERSUS ACIT, CENTRAL CIRCLE-8, NEW DELHI 2020 (12) TMI 988 - ITAT DELHI we are of the view that Assessing Officer should retain the addition @ 9.25%. Appeal of revenue partly allowed.

Summary

Issues:
1. Addition of disallowed expenses based on a High Court order.
2. Interpretation of Section 153A regarding assessment limitations.
3. Application of gross profit rate on bogus purchases for additions.

Analysis:
1. The appeal by the Revenue challenged the deletion of an addition of &8377; 2,06,42,177 as disallowed expenses by the CIT(A), referencing a High Court order in a similar case. The Revenue contended that the CIT(A) erred in relying on the High Court order, arguing that Section 153A does not restrict assessments to incriminating documents. The appellant sought to amend the grounds of appeal during the hearing.

2. The assessee's counsel highlighted a previous ITAT decision in favor of the assessee on a similar issue, where a gross profit rate was applied to retain additions on bogus purchases. The CIT(DR) did not object to this reference. The Tribunal considered the arguments, along with the previous ITAT order, and directed the Assessing Officer to retain 9.25% of the disputed amount as per the gross profit rate, resulting in the deletion of a portion of the addition.

3. After reviewing the facts, arguments, and the previous ITAT decision, the Tribunal found the issue in the present case to be identical to the previous case. Therefore, the Tribunal directed the Assessing Officer to retain 9.25% of the disputed amount, leading to the deletion of a significant portion of the addition. Consequently, the appeal by the Revenue was partly allowed based on the application of the gross profit rate on the bogus purchases.

In conclusion, the Tribunal's decision was based on the application of a gross profit rate on the disputed amount, following a previous ITAT decision, resulting in the partial allowance of the Revenue's appeal.