2021 (10) TMI 425 - HC - Income Tax

Addition u/s 69C - Bogus purchases - HELD THAT - AO having not disputed the used material or disputed the stock of the assessee, it did not find any illegality or infirmity in the order of CIT (A) - assessment order could not have been passed by the AO without granting an opportunity to respondent to defend his position or cross-examine the two persons on whose affidavits, the AO had relied upon to conclude that respondent had made certain purchases from those persons identified as Hawala Traders. AO also should have investigated further or should have dealt with in his assessment order as to why he was not accepting the explanation of respondent that he had paid in excess through the Bank L.C. to one of the parties allegedly doing business of issuing bogus bills. Tribunal has not committed any perversity or applied incorrect principles to the given facts and when the facts and circumstances are properly analysed and correct test is applied to decide the issue at hand, then, we do not think that question as pressed raises any substantial question of law.

Summary

Issues:
1. Appeal against ITAT order confirming CIT (Appeals) decision.
2. Addition of unexplained expenditure under Section 69C of the Income Tax Act 1961.
3. Validity of explanation provided by the assessee.
4. Reliance on third-party statements without providing copies to the assessee.
5. Consideration of closing stock and payments made through banking channels.
6. Opportunity to defend position or cross-examine witnesses not provided.
7. Allegation of purchases from Hawala Traders.
8. Assessment order validity and legality.

Analysis:
1. The appeal was filed challenging the order passed by the Income Tax Appellate Tribunal (ITAT), which upheld the decision of the Commissioner of Income Tax (Appeals) dismissing the revenue's appeal. The appellant chose to press only question no.6.2, as question no.6.1 was not pressed. It was determined that the questions raised were factual in nature and did not give rise to any legal issues.

2. The assessee, engaged in the marine contract business, filed a return of income for the assessment year 2010-2011. The Assessing Officer made an addition of ?72,60,177 under Section 69C of the Income Tax Act 1961 due to unexplained expenditure related to purchases from individuals identified as Hawala Traders by the Sales Tax department. The total income was assessed at ?1,29,71,484 under Section 143(3) of the Act.

3. The respondent appealed the assessment order, and the CIT (Appeals) deleted the entire addition. The CIT (Appeals) found that the assessee provided a valid explanation supported by evidence for the purchases made in the course of business. The respondent also submitted bank statements and challan copies to substantiate the expenses.

4. The CIT (Appeals) noted that certain crucial aspects, such as the existence of unused material in the closing stock and payments made through banking channels, were not considered in the assessment order. Moreover, the reliance on third-party statements without providing copies to the respondent raised procedural concerns.

5. The ITAT, while upholding the CIT (Appeals) decision, highlighted that the Assessing Officer failed to address various important points, including the consideration of closing stock and payments made through banking channels. The failure to provide an opportunity for the respondent to defend their position or cross-examine witnesses was deemed as a procedural flaw.

6. The High Court concurred with the ITAT's decision, stating that no perversity or incorrect principles were applied. It emphasized the importance of providing a fair opportunity to the assessee to present their case and cross-examine witnesses. The Tribunal's analysis of the facts and correct application of the legal test led to the dismissal of the appeal.

7. In conclusion, the appeal was deemed meritless and dismissed without any costs. The judgment underscored the significance of procedural fairness, proper consideration of evidence, and adherence to legal principles in tax assessments to ensure a just outcome.