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2017 (9) TMI 307 - AT - Income TaxAddition u/s 69 to the extent of GP ratio - Information received from sales tax department in respect of bogus purchases- element of profit embedded in bogus purchases which the assessee would have made - Held that - Assessee company being a trader of goods, AO not having doubted the genuineness of sales, could not have gone ahead and made addition in respect of peak balance on such purchases. When the corresponding sales have not been doubted and the quantitative details of purchases and sales vis-a-vis stock was available, we deem it appropriate considering the entirety of facts and circumstances of the case to restrict the addition to the extent of 2% of such bogus purchase. Accordingly, the order of both the lower authorities are modified and AO is directed to restrict the addition to the extent of 2% on such purchases. - Partly decided in favor of assessee and against revenue.
Issues Involved:
1. Estimation of profit on alleged bogus purchases. 2. Legality of proceedings initiated under section 147 and issuance of notice under section 148. 3. Legality of the order made under section 143(3) read with section 147. 4. Charging of interest under sections 234A, 234B, 234C, and 234D. Detailed Analysis: 1. Estimation of Profit on Alleged Bogus Purchases: The assessee contested the CIT(A)'s decision to estimate profit at 17.5% on alleged bogus purchases for the assessment years 2009-10, 2010-11, and 2011-12. The CIT(A) had directed the AO to restrict the addition to 17.5% of such purchases after giving credit for the gross profit (GP) rate already disclosed by the assessee. The CIT(A) relied on several judicial pronouncements, including cases like Sri Ganesh Rice Mills, Samurai Software (P) Ltd., Indian Woollen Carpet Factory, Sanjay Oilcake Industries, Asst. Commissioner of Income Tax vs. Tribhovandas Bhimji Zaveri, and Bholanath Polyfab Pvt. Ltd. The CIT(A) concluded that the profit margin embedded in the bogus purchases should be disallowed and subjected to tax, estimating a profit margin of 17.5%. 2. Legality of Proceedings Initiated Under Section 147 and Issuance of Notice Under Section 148: The assessee argued that the proceedings initiated under section 147 by issuing notice under section 148 were bad in law and contrary to the provisions of the Act. The assessee claimed that the reasons recorded by the CIT(A) depicted mere suspicion and that no tangible material was available in the possession of the Assessing Officer (AO). However, the CIT(A) rejected this claim, stating that the proceedings were validly initiated. 3. Legality of the Order Made Under Section 143(3) Read with Section 147: The assessee contended that the order made under section 143(3) read with section 147 was illegal, bad-in-law, ultra vires, and passed without allowing a reasonable opportunity of hearing. The assessee also argued that the order was made without appreciating the facts, submissions, and evidence in their proper perspective and without providing copies of the material/evidence relied upon. The CIT(A) rejected this claim as well. 4. Charging of Interest Under Sections 234A, 234B, 234C, and 234D: The assessee argued that the AO erred in charging interest under sections 234A, 234B, 234C, and 234D. However, there was no specific discussion or separate judgment on this issue in the provided text. Conclusion: The Tribunal considered the rival contentions and the orders of the authorities below. It was noted that the AO had made additions based on information from the sales tax department regarding bogus purchases. The CIT(A) had found that the AO did not dispute the quantitative details or the day-to-day stock register maintained by the assessee. The Tribunal concluded that when the corresponding sales were not doubted and the quantitative details of purchases and sales vis-a-vis stock were available, it was appropriate to restrict the addition to 2% of such bogus purchases. Consequently, the Tribunal modified the orders of the lower authorities and directed the AO to restrict the addition to 2% on such purchases. The appeals of the assessee were allowed in part, whereas the appeals of the revenue were dismissed. Order Pronounced: The order was pronounced in the open court on 29/08/2017.
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