2022 (6) TMI 412 - AT - Income Tax

Estimation of income - bogus purchases - disallowance as restricted to 25% - discrepancy in the confirmation by assessee and assessee was asked to produce the parties and that none of the parties were produced by assessee - HELD THAT - Assessee filed detailed written submission and the evidences to prove the identity, creditworthy of the parties and genuineness of the transaction. We find that the assessee furnished name, address, PAN, the amount was received by cheques and repayment by cheque, confirmation and balance-sheet were amounts of outstanding were provided. AO has not brought any adverse evidence against the transaction of four parties. We find that Ld. CIT(A) considering the evidence held that the Ld. CIT(A) deleted the addition on appreciation of sufficient evidence available on record which was conveniently ignored by Assessing Officer. We find that the AO made addition of entire unsecured loan on the basis of statement of Suresh Kumar Modi (HUF) and Shri Amit Kumar Modi. We further find that assessee availed loan of Rs.5.00 lakh from Basuki Synthetics Pvt. Ltd, which is clearly evident from the ledger account filed by the assessee - Assessing Officer made addition of Rs.10.00 lakh as loan. We find that the Ld. CIT(A) deleted the addition on appreciation of evidence available on record. - Decided against revenue.

Issues Involved:

1. Deletion of addition on account of unverifiable (bogus) purchases.
2. Deletion of addition on account of unexplained cash credits under Section 68.
3. Failure to appreciate the non-availability of purchase parties at given addresses.
4. Consideration of certificate from Joint Director of General Foreign Trade.
5. Crediting of cheques to third-party accounts and discounting of cheques by the assessee.
6. Treatment of unsecured loans as genuine despite contrary statements from creditors.
7. Overall justification of the Ld. CIT(A) in deleting the additions made by the Assessing Officer.

Detailed Analysis:

Issue 1: Deletion of Addition on Account of Unverifiable (Bogus) Purchases

The Revenue appealed against the deletion of Rs.1,68,15,995/- made on account of unverifiable purchases. The Assessing Officer (AO) had initially disallowed the entire purchases due to the non-availability of purchase parties at given addresses and incomplete export invoices not countersigned by customs authorities. However, the Ld. CIT(A) deleted the addition, accepting the assessee's additional evidence, including certificates from customs and the Joint Director of General Foreign Trade, which confirmed the export of goods. The Tribunal upheld the Ld. CIT(A)'s decision, noting that the sales/export of goods were verified by customs authorities and that the AO failed to provide the assessee with the inspector's report used against him.

Issue 2: Deletion of Addition on Account of Unexplained Cash Credits under Section 68

The AO had added Rs.20 lakh as unexplained cash credits, which was reduced by the Ld. CIT(A) to Rs.2,34,000/- after considering the assessee's submissions and evidence. The Ld. CIT(A) found that the assessee provided sufficient documentation, including names, addresses, PANs, and bank statements, to substantiate the loans. The Tribunal affirmed the Ld. CIT(A)'s decision, noting that the AO did not provide any adverse evidence against the transactions with the four creditors whose loans were accepted as genuine.

Issue 3: Failure to Appreciate the Non-Availability of Purchase Parties at Given Addresses

The AO's disallowance was partly based on the inspector's report that the purchase parties were not found at the given addresses. The Ld. CIT(A) and the Tribunal found this insufficient to disallow the purchases, especially since the assessee provided substantial evidence of the transactions, including customs certificates and bank statements.

Issue 4: Consideration of Certificate from Joint Director of General Foreign Trade

The Ld. CIT(A) considered the certificate from the Joint Director of General Foreign Trade, which reflected the export benefits. The AO had not taken this into account during the assessment. The Tribunal upheld the Ld. CIT(A)'s consideration of this certificate as part of the evidence substantiating the purchases and exports.

Issue 5: Crediting of Cheques to Third-Party Accounts and Discounting of Cheques by the Assessee

The AO alleged that cheques issued to purchase parties were credited to third-party accounts and discounted by the assessee. The Ld. CIT(A) and the Tribunal found no evidence to support this claim, noting that the cheques were credited to the accounts of the sellers as per the bank statements provided by the assessee.

Issue 6: Treatment of Unsecured Loans as Genuine Despite Contrary Statements from Creditors

The AO had added unsecured loans as unexplained cash credits based on statements from Suresh Kumar Modi (HUF) and Amit Kumar Modi, who denied having any loan transactions with the assessee. The Ld. CIT(A) upheld the addition for these two creditors but deleted the addition for the remaining creditors, finding that the assessee provided adequate documentation to substantiate the loans. The Tribunal agreed with this assessment.

Issue 7: Overall Justification of the Ld. CIT(A) in Deleting the Additions Made by the Assessing Officer

The Tribunal found that the Ld. CIT(A) was justified in deleting the additions made by the AO. The Ld. CIT(A) had considered substantial evidence provided by the assessee, which the AO had either ignored or not provided to the assessee for rebuttal. The Tribunal emphasized that the evidence used against the assessee must be shared with him, which was not done in this case.

Conclusion:

The Tribunal dismissed the Revenue's appeal, affirming the Ld. CIT(A)'s decision to delete the additions on account of unverifiable purchases and unexplained cash credits. The Tribunal found that the Ld. CIT(A)'s decision was based on a thorough consideration of the evidence, which substantiated the assessee's claims.

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