2021 (9) TMI 331 - AT - Income Tax

Estimation of income - Bogus Purchases - HELD THAT - Profit element embedded in the value of disputed purchases that needs to be brought to tax in the instant case should be 3%. Accordingly, the grounds raised by the assessee are partly allowed.

Summary

Issues:
1. Condonation of delay in filing appeal.
2. Dismissal of certain grounds not pressed by the assessee.
3. Disallowance of non-genuine purchases amounting to ?90,31,869.

Condonation of Delay:
The appeal in ITA No.40/Mum/2020 for A.Y.2007-08 involved a delay of 33 days in filing by the assessee. The Tribunal, after considering the reasons for the delay, decided to condone the delay and admit the appeal for adjudication.

Dismissal of Grounds:
The assessee did not press ground Nos. 1 & 2 during the hearing, leading to their dismissal as not pressed. This decision was based on a statement made by the assessee's authorized representative at the Bar.

Disallowed Non-Genuine Purchases:
The primary issue revolved around the disallowance of non-genuine purchases amounting to ?90,31,869. The assessee, a partnership firm in the diamond business, faced disallowance due to purchases from entities linked to fraudulent financial transactions. The Assessing Officer (AO) disallowed the entire value of purchases without independent verification, solely based on the parties' association with Banwarlal Jain Group.

Upon review, the Tribunal noted that the assessee provided details of corresponding sales related to the disputed purchases, which were not disputed by the Revenue. Consequently, the Tribunal decided to tax only the profit element embedded in the value of the disputed purchases. Citing a government report on the diamond sector, the Tribunal set the profit percentage at 3%, aligning with the assessee's agreement during the hearing.

In support of its decision, the Tribunal referenced a Co-ordinate Bench decision from the Mumbai Tribunal where a similar profit percentage was applied under comparable circumstances. Despite the Revenue's reliance on a Delhi Tribunal decision, the Tribunal emphasized the need to assess each case based on its unique facts and circumstances.

Ultimately, the Tribunal partially allowed the assessee's appeal, determining that the profit element embedded in the value of disputed purchases should be taxed at 3%.

In conclusion, the judgment addressed the issues of delay condonation, dismissal of certain grounds, and the disallowance of non-genuine purchases. The detailed analysis highlighted the Tribunal's approach to independent verification, profit element taxation, and the significance of case-specific considerations in reaching a fair decision.