2021 (5) TMI 340 - AT - Income Tax

Unexplained purchases - disallowance on account of difference in the purchases (Imports) and on account of difference in the custom duty - CIT(A) observed that the assessee had not been able to reconcile the difference in the import value as declared in its ITR and the data available on the CBEC tab and that the onus to reconcile the difference in figure of purchase through import remained woefully un-discharged - HELD THAT - In the present case, it appears that the additional evidence furnished by the assessee particularly this facts that the goods dispatched by the Chinese Firm were not according to the specification, the same were not received, therefore, there was no question of making the payment had not been considered in right perspective - not clear as to whether the assessee furnished the reconciliation statement either before the A.O. or before the Ld. CIT(A) and explained satisfactorily the difference in the purchase found entered in the books of account and as mentioned in the CBEC Export Import Summary tab. We deem it appropriate to set aside this issue back to the file of the A.O. to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee. Appeal of the assessee is allowed for statistical purposes.

Issues:
1. Disallowance of difference in purchases and custom duty.
2. Relevance of grounds for disallowance.
3. Justification of addition upheld by CIT(A).
4. Admission of additional evidence.
5. Reconciliation of purchase differences.
6. Reversal of decision and setting aside the issue.

Issue 1: Disallowance of Difference in Purchases and Custom Duty:
The assessee appealed against the disallowance of ?42,23,659 on purchases and ?21,833 on custom duty. The AO noted a significant difference in purchases made from outside India compared to the import data. The assessee failed to explain the discrepancy, leading to the addition of the amounts to undisclosed income. The CIT(A) upheld the disallowance citing unexplained differences and lack of reconciliation. The Tribunal set aside the issue for fresh adjudication, considering the peculiar facts and the need for a proper reconciliation.

Issue 2: Relevance of Grounds for Disallowance:
The appellant contended that the CIT(A) erred in confirming the disallowance based on irrelevant grounds. The Tribunal observed that the additional evidence provided by the assessee, regarding goods not meeting specifications and not being received, was not adequately considered. The lack of a clear reconciliation statement regarding purchase differences further supported setting aside the issue for proper adjudication.

Issue 3: Justification of Addition Upheld by CIT(A):
The CIT(A) sustained the additions made by the AO, emphasizing the failure to reconcile import values and explain the discrepancies. The Tribunal acknowledged the need for a reasonable cause for not responding to AO notices and the importance of reconciling figures accurately. The decision to set aside the issue back to the AO for fresh adjudication was based on the failure to consider all relevant aspects.

Issue 4: Admission of Additional Evidence:
The appellant submitted additional evidence regarding the goods' non-compliance with specifications and non-receipt, which the CIT(A) admitted. The AO objected to the evidence admission, citing lack of response during assessment proceedings. The Tribunal noted the importance of considering all evidence and reasonable causes for non-compliance, leading to the decision to allow the appeal for statistical purposes.

Issue 5: Reconciliation of Purchase Differences:
The appellant failed to reconcile the differences in import values as declared in the ITR and the CBEC data. The Tribunal highlighted the unfulfilled onus to reconcile figures adequately, leading to the sustained additions by the CIT(A). The lack of a satisfactory explanation for the discrepancies contributed to the decision to set aside the issue for proper examination.

Issue 6: Reversal of Decision and Setting Aside the Issue:
The Tribunal, after considering submissions and available material, found the need to set aside the issue to the AO for fresh adjudication. The failure to consider all relevant evidence and reconcile purchase differences properly warranted a reevaluation of the matter in accordance with the law. The appeal was allowed for statistical purposes, emphasizing the importance of a thorough and accurate assessment process.

This detailed analysis covers the various issues raised in the judgment, providing a comprehensive overview of the legal proceedings and decisions made by the authorities and the Tribunal.

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