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2013 (10) TMI 462 - AT - Income TaxAddition by A.O. on the plea of bogus transaction of the assessee Held that - There is no material on record to say that the purchases made by the assessee from the said concern were bogus except the general statement recorded by the Department in the case of Shri Rakesh Kumar Gupta, which was later on retracted. In absence of any material brought on record against the submissions made by Shri Rakesh Kumar Gupta in his letter dated 20/12/2009 filed before the AO of the assessee the addition, made in the case of the assessee will be based on presumption only and it cannot be sustained in the eyes of law Decided in favor of Assessee.
Issues:
1. Validity of order passed under section 143(3) r.w.s. 147 of the Act challenged. 2. Addition to purchases confirmed by CIT(A) disputed by Assessee. 3. Involvement of cash in purchases from undisclosed parties disputed by Revenue. 4. Addition on account of bogus purchases made from certain parties contested. 5. Application of Tribunal's decision in a similar case for guidance. Analysis: 1. The appeals by both the Assessee and the Revenue were heard together due to common issues. The Assessee challenged the legality of the order passed under section 143(3) r.w.s. 147 of the Act for assessment years 2002-03 to 2007-08. The department's appeals for the same years were interlinked with the Assessee's appeal. 2. The Assessee disputed the addition to purchases confirmed by CIT(A) as arbitrary and not based on merits. The Assessee argued that the addition of 10% of purchases was unreasonable and needed to be deleted. The Revenue's ground related to the involvement of cash in purchases from unverifiable parties and the failure to sustain additions under section 69. 3. The department raised an additional ground, contending that purchases made from specific parties were bogus and should be added back to the extent of the peak value of such purchases. The Assessee, engaged in textile trading, purchased goods from concerns related to Shri Rakeshkumar Gupta, who admitted to issuing bogus bills during a survey but later retracted his statement. 4. The CIT(A) relied on peer decisions and sustained the addition to purchases to the extent of 10%, deleting the remaining addition. The Tribunal found the facts and circumstances identical to a previous case involving Shri Rakeshkumar Gupta, where the addition was deemed based on presumption and lacking substantive evidence. The Tribunal, following precedent, partly allowed the Assessee's appeals and dismissed the Revenue's appeals. 5. The Tribunal referenced the letter from Shri Rakeshkumar Gupta retracting his earlier statement and confirming the genuineness of sales to the Assessee. The Tribunal emphasized the lack of material against the submissions made by Gupta and the presence of evidence supporting actual delivery of goods to the Assessee. The Tribunal's decision was influenced by the absence of concrete evidence against the Assessee and the reliance on presumptions by the AO and CIT(A). This comprehensive analysis covers the various issues raised in the judgment, detailing the arguments presented by both parties and the Tribunal's reasoning in arriving at its decision.
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