2023 (5) TMI 278 - HC - Income Tax

Bogus purchases - addition to the extent of 12.5% - Tribunal upheld the view of the CIT(A) to treat the purchases from ten parties as bogus and also upheld the view expressed by the CIT(A) to sustain the addition to the extent of 12.5% of the amount of the disputed purchases - HELD THAT - In a case involving a similar issue, even this Court RAM BUILDERS, 2022 (7) TMI 1091 - BOMBAY HIGH COURT had dismissed the appeal filed by the revenue on the ground that if the entire amount of purchases were to be held as non-genuine purchases, then it would not be possible to justify as to how the works allotted to the assessee for execution by the semi Government Agencies, could be completed. Even in the present case the Appellant is a contractor, who had been allotted a subcontract for carrying out civil works of road and buildings repairs for which various types of building materials are stated to have been purchased from several suppliers including the ten suppliers, who are alleged to have been providing accommodation entries. It is not denied that the works allotted had been completed for the concerned agency, which would have been otherwise impossible, if the entire purchases made by the Appellant were to be held as non-genuine. In our opinion the order passed by the Tribunal warrants no interference. No substantial questions of law

Summary

Issues involved:
The judgment involves challenges to the order passed by the Income Tax Appellate Tribunal for the assessment years 2009-10 and 2010-11 under Section 260A of the Income Tax Act, 1961.

Facts and Issues:
The appellant, a partnership firm engaged in road repairs/construction, declared a total income of Rs. 37,04,810 for the assessment year 2009-10. The Assessing Officer found discrepancies in purchases totaling Rs. 88,53,059 from various entities, some of which were flagged as bogus by the Sales Tax Department. The AO treated the amount as bogus purchases to inflate expenditure, adding it back to the total income. The CIT(A) agreed that purchases from certain parties were bogus but decided only the profit element should be added to income, estimated at 12.5%. The ITAT upheld this decision, citing a precedent from the Gujarat High Court.

Decision:
The High Court upheld the ITAT's decision, noting that the works allotted to the appellant by semi-Government Agencies were completed, indicating the genuineness of the purchases. The Court found no reason to interfere with the Tribunal's order, stating that no substantial questions of law arose. Both appeals were dismissed accordingly.