2021 (8) TMI 556 - AT - Income Tax

Estimation of income - Bogus purchases - CIT- A confirmed the addition @12.5% of purchased value - HELD THAT - Estimation of G.P by CIT(A) at 12.5% on bogus purchases is on higher side - addition is restricted to 6% of the bogus purchases in each of the assessment years. The impugned order is modified, accordingly. The appeals of the assessee are partly allowed in the terms aforesaid.

Summary

Issues:
Addition of alleged bogus purchases in assessment years 2010-11 and 2011-12.

Analysis:
The appeals by the assessee contested the addition of amounts on account of alleged bogus purchases in the assessment years 2010-11 and 2011-12. The assessee, a dealer of tools and alloy, faced scrutiny after information from the Sales Tax Department indicated bogus purchase bills from hawala dealers. The Assessing Officer estimated profit from these purchases at 12.5% and added significant amounts to the assessee's income. The CIT(A) upheld these additions, leading to the present appeals.

The assessee argued against the additions, highlighting that relevant details of purchase creditors were provided, no substantial inquiries were conducted, and no conclusive basis for the estimation was established. The assessee emphasized the consistency of their business operations over the years and the lack of significant changes in market conditions. Additionally, the assessee pointed out the absence of concrete evidence proving the purchases were bogus and questioned the reliance on statements without independent verification.

During the proceedings, the Department defended the additions, citing a High Court decision and supporting the Assessing Officer's actions. However, the Tribunal found that the assessee failed to substantiate the genuineness of the purchases and the credibility of the dealers. Notices to the dealers were returned unserved, and no confirmations were provided. Despite payments via banking channels, the authenticity of transactions remained unproven. Considering the preceding G.P. ratios, the Tribunal deemed the CIT(A)'s 12.5% estimation excessive and reduced the additions to 6% of the bogus purchases in each assessment year.

Ultimately, the Tribunal partially allowed the appeals by the assessee, modifying the order to restrict the additions to 6% of the bogus purchases in each assessment year. The decision aimed to balance the tax implications while acknowledging the lack of concrete evidence supporting the higher estimations made by the authorities.