2021 (6) TMI 439 - AT - Income Tax

Estimation of income - Bogus purchases - HELD THAT - Hon ble ITAT has restricted the addition to the extent of 5% of the bogus purchases in the A.Ys. 2009-10 2010-11. The present A.Y. 2011-12 2018 (12) TMI 1861 - ITAT MUMBAI is having identical facts. The facts are not distinguishable in this year also. The issue is covered by the order of the Hon ble ITAT in the assessee s own case mentioned above. By honoring the order passed by Hon ble ITAT, we restrict the addition to the extent of 5% of the bogus purchase - Appeal filed by the assessee is hereby partly allowed.

Summary

Issues:
- Natural justice principles violated by CIT(A)
- Addition of amount as bogus purchases under section 69C
- Lack of opportunity for cross-examination
- Liability to pay interest under section 234B and 234C

Analysis:

Issue 1: Natural justice principles violated by CIT(A)
The assessee contended that the CIT(A) erred in passing the order without providing a proper opportunity to be heard, violating the principles of natural justice. The argument was that the order was unjust as the appellant was not given a chance to present their case adequately. The ITAT considered this argument but did not find it substantial enough to quash the order. The ITAT upheld the CIT(A)'s decision on this issue.

Issue 2: Addition of amount as bogus purchases under section 69C
The CIT(A) confirmed the action of the AO in making an addition of a specific amount as bogus purchases under section 69C of the Act. The assessee argued that the purchases were duly accounted for in their books and had supporting documentary evidence to prove the genuineness of the transactions. The ITAT examined the facts and found that the assessing officer had specific information indicating that the purchases were not genuine. However, the ITAT decided to restrict the addition to 5% of the non-genuine purchases based on previous judgments in the assessee's own case for AYs 2009-10 and 2010-11. The ITAT ruled in favor of the assessee on this issue.

Issue 3: Lack of opportunity for cross-examination
The assessee raised a concern about the addition made based on investigation by the Sales Tax Department without providing an opportunity for cross-examination of the department's witnesses. The ITAT acknowledged this argument but did not find it sufficient to delete the addition. The ITAT did not specifically address the lack of cross-examination in its final decision.

Issue 4: Liability to pay interest under section 234B and 234C
The appellant denied any liability to pay interest under sections 234B and 234C of the Act. The ITAT did not provide a detailed analysis of this issue in the judgment, but it can be inferred that the interest liability was not upheld based on the overall decision in favor of the assessee on the primary issues related to the addition of bogus purchases.

In conclusion, the ITAT partially allowed the appeal filed by the assessee, restricting the addition of bogus purchases to 5% of the non-genuine purchases. The judgment highlighted the importance of providing opportunities for cross-examination and adhering to natural justice principles in tax assessments.