2015 (6) TMI 309 - AT - Income Tax

Bogus purchases - CIT(A)sustaining the addition amounting to ₹ 68,31,195/- on account of estimated gross profit on the sale of items in question - Held that - This cannot be held to be a case of rejection of sales, but essentially it is a case of rejection of part purchases and, accordingly, of part sales. In our opinion, keeping in view that the purchases made by assessee being not fully established except identity of parties, particularly in view of the fact that there was no evidence to establish that the impugned purchases were included in the sales-tax returns of the parties, ld. CIT(A) s conclusion of arriving at a reasonable estimate, considering the entire conspectus of t he case cannot be faulted. We, accordingly, confirm the order of ld. CIT(A) on this count.- Decided against assessee. Rejection of books of accounts - CIT(A) making addition on the basis of G.P. rate - Held that - nfirmity in the order of ld. CIT(A) on this count also because when-ever AO examines specific issues in course of assessment and make additions/ disallowances qua those issues, then impliedly part books stand rejected. The AO is not entitled to altogether discard the evidence of the books of account. It is open to the AO to accept assessee s books with regard to certain kind of transactions and reject them in respect of other transactions as was held in Ganeshilal Chhappan Lal Vs. CIT 1940 (9) TMI 17 - ALLAHABAD HIGH COURT . Therefore, there is nothing wrong in accepting the book results to the extent of no discrepancy found. The AO though had rejected the books of a/c, but had made addition only in respect of bogus purchases. Thus, impliedly the books of a/c were rejected to this extent only, which was sustained by ld. CIT(A), but he reduced the addition by applying only estimated gross profit to the impugned transactions. Therefore, we uphold the ld. CIT(A) s action in part rejection of books of account. - Decided against assessee.

Issues Involved:
1. Genuineness of purchases from nine parties.
2. Rejection of books of accounts under Section 145.
3. Application of Gross Profit (GP) rate on disputed transactions.
4. Part acceptance and part rejection of books of accounts.
5. Enhancement of income and new source of income.

Detailed Analysis:

1. Genuineness of Purchases from Nine Parties:
The assessee declared an income of Rs. 8,96,782/- and showed creditors aggregating to Rs. 4,19,41,779/-. The AO issued letters under Section 133(6) to verify the genuineness of the creditors. Most letters were undelivered, and only one party responded. The AO, based on the Inspector's report and subsequent investigation, concluded that the transactions were not genuine. The AO treated purchases aggregating to Rs. 3,62,49,274/- as non-genuine and disallowed them. The assessee provided additional evidence to the CIT(A), including confirmations, bank statements, and sales tax documents. The CIT(A) observed that the identity of the parties was established through various documents, but the AO's remand report indicated that the parties were not traceable and had not filed income tax returns, raising doubts about the genuineness of the transactions. The CIT(A) did not fully accept the AO's conclusion but also did not fully accept the assessee's explanation, leading to further examination of the transactions.

2. Rejection of Books of Accounts under Section 145:
The CIT(A) upheld the AO's action in rejecting the books of accounts under Section 145, relying on the decision of the Hon'ble Allahabad High Court in CIT Vs. Surjeet Singh Mahesh Kumar, which held that assessment under Section 145 leads to assessment under Section 143(3). The CIT(A) noted that the facts warranted invoking Section 145(3) due to the discrepancies in the transactions.

3. Application of Gross Profit (GP) Rate on Disputed Transactions:
The CIT(A) noted that the assessee incurred an overall loss on transactions with the nine parties, which led to a decline in the GP rate. The CIT(A) did not accept the assessee's explanation for the losses and estimated the GP rate at 4.25% on sales of Rs. 3,00,51,810/-, resulting in an addition of Rs. 68,31,195/-. The CIT(A) concluded that the loss defied business logic and estimated the income based on a reasonable GP rate.

4. Part Acceptance and Part Rejection of Books of Accounts:
The CIT(A) held that it was appropriate to accept part of the transactions and reject the disputed part. The CIT(A) noted that the identity of the parties was established, and payments were made through cheques, but the parties were not traceable. The CIT(A) balanced the facts and concluded that the entire purchases could not be treated as bogus. The CIT(A) examined the overall loss on disputed transactions and concluded that the loss was not genuine. The CIT(A) applied an estimated GP rate to the disputed transactions, leading to a partial acceptance and rejection of the books of accounts.

5. Enhancement of Income and New Source of Income:
The assessee argued that the CIT(A) exceeded his powers by considering a new source of income and enhancing the income. The CIT(A) examined the sales related to the disputed purchases and concluded that the loss was not genuine. The CIT(A) did not enhance the income but sustained part of the addition made by the AO. The Tribunal held that the CIT(A) did not exceed his jurisdiction or make an enhancement, as the final addition was less than the AO's addition.

Conclusion:
The Tribunal dismissed both the assessee's and the department's appeals, upholding the CIT(A)'s order. The CIT(A)'s approach of part acceptance and part rejection of books of accounts was justified, and the estimated GP rate on disputed transactions was reasonable. The CIT(A) did not exceed his jurisdiction or make an enhancement, and the rejection of books of accounts under Section 145 was warranted.

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