9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 281 - AT - Income TaxEstimation of income - Bogus purchases - AO rejected the books of accounts of the assessee u/s. 145(3) - HELD THAT - Admittedly the addition in the hands of the assessee is liable to be restricted only to the extent of the profit which the assessee would have made by procuring the goods at a discounted value from the open/grey market as against the inflated value at which the same were booked on the basis of the bogus bills in its books of account. Quantification of profit which the assessee would have made by procuring the goods in question from the open/grey market - Hon'ble High Court of Bombay in the case of Pr. Commissioner of Income Tax-17 Vs. M/s. Mohhomad Haji Adam Company 2019 (2) TMI 1632 - BOMBAY HIGH COURT while upholding the order of the Tribunal, had observed, that the addition in the hands of the assessee as regards the bogus/unproved purchases was to be made to the extent of bringing the G.P rate of such purchases at the same rate of other genuine purchases. Thus profit made by the assessee in the case before us by procuring the goods at a discounted value from the open/grey market can safely be determined by bringing the G.P rate of such bogus purchases at the same rate as that of the other genuine purchases. Restore the matter to the file of the A.O, with a direction to him to restrict the addition in the hands of the assessee qua the impugned bogus/unverified purchases by bringing the GP rate of such bogus purchases at the same rate as that of the other genuine purchases.
Issues Involved:
1. Addition on account of gross profit by rejecting the books of accounts. 2. Addition on account of alleged bogus purchases. 3. Deletion of addition by CIT(A) on account of alleged bogus purchases. 4. Justification of CIT(A)'s decision in light of various judicial precedents. 5. Acceptance of fresh evidence without allowing AO proper opportunity to examine. Summary: 1. Addition on Account of Gross Profit: The assessee challenged the CIT(A)'s failure to adjudicate the addition of Rs. 47,75,397/- made by the AO on account of gross profit by rejecting the books of accounts and estimating the GP in place of GP disclosed in books. The Tribunal observed that the AO treated the purchases as bogus due to lack of delivery challans and other supporting evidence, leading to the rejection of books of accounts u/s 145(3) of the Act. 2. Addition on Account of Alleged Bogus Purchases: The AO treated purchases amounting to Rs. 29.12 crores from six parties as bogus based on incriminating evidence found during a survey operation and statements from brokers admitting to providing bogus bills. The AO made an addition of Rs. 7,30,31,125/- by disallowing 25% of the value of these purchases, which he deemed as bogus. 3. Deletion of Addition by CIT(A): The CIT(A) reduced the disallowance from 25% to 3.29% of the value of the impugned purchases, sustaining an addition of Rs. 95,81,300/-. The revenue contested this reduction, arguing that the CIT(A) ignored the evidence of bogus purchases and various judicial precedents. 4. Justification of CIT(A)'s Decision in Light of Judicial Precedents: The Tribunal noted that the CIT(A) and AO did not provide cogent reasons for their respective disallowance rates. The Tribunal referred to the Bombay High Court's decision in Pr. Commissioner of Income Tax-17 Vs. M/s. Mohhomad Haji Adam & Company, which held that additions should be limited to bringing the GP rate of bogus purchases at the same rate as genuine purchases. The Tribunal agreed with this approach and directed the AO to restrict the addition by bringing the GP rate of bogus purchases to the same rate as genuine purchases. 5. Acceptance of Fresh Evidence: The Tribunal acknowledged that the assessee provided bifurcated details of average purchase rates of bogus and genuine purchases, which were not presented before the lower authorities. The Tribunal directed the AO to consider these details during the set-aside proceedings and verify them to his satisfaction. Conclusion: The Tribunal restored the matter to the AO to quantify the profit element from the bogus purchases by bringing the GP rate of such purchases to the same rate as genuine purchases, considering the judgment of the Bombay High Court. Both the appeals of the assessee and revenue were allowed for statistical purposes.
|
