2021 (6) TMI 971 - AT - Income Tax

Bogus purchases - Estimation of income - CIT-A restricted the disallowance to 25% - HELD THAT - Assessee may not have been able to prove the genuineness of purchases from the declared source, however, it is a fact on record that the Assessing Officer has not disputed the sales effected by the assessee - assessee must have purchased goods from some other undisclosed source or from grey market - it is the settled legal position that the entire purchases cannot be disallowed, but only the profit element embedded in such purchases can be considered for addition. Therefore, we restrict the disallowance to 25% of the non-genuine purchase is fair and reasonable - Decided against revenue.

Summary

Issues:
Challenge to impugned order by Revenue for assessment year 2011-12 regarding genuineness of purchases from non-existent vendors and justification of expenses by the assessee.

Analysis:
1. The Revenue challenged the order dated 23rd August 2019 by the Commissioner (Appeals)-2, Nashik, for the assessment year 2011-12. The grounds of appeal focused on the genuineness of purchases from non-existent vendors and the failure of the assessee to justify expenses. The Revenue contended that the assessee could not establish the authenticity of purchases from vendors flagged by the Sales Tax Department, leading to the addition of expenses to the total income.

2. The assessee, engaged in water treatment plant business, declared income of &8377; 1,09,78,070 for the year. The Sales Tax Department raised concerns about expenses claimed from specific vendors, which were unverifiable as the notices to vendors were returned un-served. The Assessing Officer treated these expenses as bogus, resulting in an addition to the total income. The Commissioner (Appeals) partially allowed the claim by restricting the addition to 25% of the disputed amount.

3. The Tribunal noted that while the genuineness of purchases was not fully proven, the sales made by the assessee were not disputed. This indicated the possibility of purchases from undisclosed sources or the grey market. Following established legal principles, the Tribunal upheld the Commissioner's decision to limit the disallowance to 25% of the non-genuine purchases, emphasizing that only the profit element should be considered for addition. Citing previous Tribunal decisions, the Tribunal found the Commissioner's decision fair and reasonable, leading to the dismissal of the Revenue's appeal.

4. The Tribunal dismissed the Revenue's appeal, affirming the Commissioner's order. The judgment highlighted the need to consider the profit element in non-genuine purchases and upheld the decision to restrict the disallowance to 25% of the disputed amount. The Tribunal's ruling emphasized the importance of assessing the actual impact on income rather than disallowing entire expenses based on unverified purchases.

This detailed analysis of the judgment provides insights into the issues raised by the Revenue, the facts of the case, the arguments presented, and the Tribunal's reasoning leading to the final decision.