2013 (10) TMI 323 - HC - Income Tax

Addition on account of bogus purchases Held that - As per the quantity details to Tax Audit Report in form No. 3 CD as appearing on the paper book, it is seen that there is discrepancy of 104500 kg. even after considering this claim of the assessee that the assessee has already taken the income on account of sale of the scrap to the extent of 105500 kg. for the value not shown before us. The assessee has not submitted a copy of the trading and profit and loss account to show that the assessee has credited sale proceeds of 105500 kg. of metal scrap for which it is an allegation of the Excise Department that such sale was made by the assessee without paying Central Excise duty but even if accepted this claim of the assessee because the same was accepted by the authorities below, there is still a difference of 104500 kg. of metal scrap as per the quantity details submitted by assessee and hence, no infirmity in the order of the Ld.CIT(A) wherein it was held by him that the claim of the assessee regarding purchase for trading to the extent of 105000 kg. is bogus No evidence is brought on record Decided against the Assessee.

Summary

Issues:
1. Addition of Rs. 18.74 lakhs as bogus purchases confirmed by the Tribunal.
2. Allegation of perversity and irrelevant material in confirming the addition.

Analysis:

Issue 1: Addition of Rs. 18.74 lakhs as bogus purchases confirmed by the Tribunal
The case involved the appeal against the addition of Rs. 18.74 lakhs by the Assessing Officer, which was upheld by the CIT(A) and the Income Tax Appellate Tribunal. The Assessee contended that errors were made by the Revenue authorities and the Tribunal in confirming the additions. The Assessing Officer initially added Rs. 5.98 lakhs towards burning losses, which was later increased by the Commissioner (Appeals). However, both the Commissioner (Appeals) and the Tribunal concurred that the purchases in question were bogus, involving the Assessee. As this was deemed a factual matter, no legal question was found to arise.

Issue 2: Allegation of perversity and irrelevant material in confirming the addition
The Tribunal affirmed the decision of the CIT(A) regarding the bogus purchases by the Assessee. The Tribunal highlighted discrepancies in the Assessee's claims, noting that the closing stock did not align with the reported figures. Despite the Assessee's assertions, no satisfactory evidence was presented to support the legitimacy of the purchases. The Tribunal emphasized the lack of documentation, such as the trading and profit and loss account, to substantiate the Assessee's claims. Ultimately, the Tribunal found no basis to interfere with the CIT(A)'s order on the matter, leading to the dismissal of the Tax Appeal.

In conclusion, the High Court upheld the Tribunal's decision, dismissing the appeal against the addition of Rs. 18.74 lakhs as bogus purchases. The judgment emphasized the importance of providing concrete evidence to support claims in tax matters and highlighted the Tribunal's authority to assess the credibility of transactions based on available records.