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2020 (8) TMI 267 - AT - Income TaxEstimation of Income - Bogus purchases - correct rate of profit - HELD THAT - ITAT, Mumbai, in number of cases had considered an identical issue and depending upon facts of each case, directed the Ld.AO to estimate gross profit of 10% to 15% on total alleged bogus purchases. In this case, considering the nature of business of the assessee AO has made 100% addition, whereas the ld. CIT(A) has scaled down addition to 8% profit on alleged bogus purchases. Although, both authorities have taken different rate of profit for estimation of income from alleged bogus purchase, but no one could support said rate of gross profit with necessary evidences or any comparable cases. As consistent with view taken by the Co-ordinate Bench in number of cases, including in assessee own case for AY 2009-10, we are of the considered opinion that 8% rate of profit adopted by the ld. CIT(A) appears to be reasonable and accordingly, we are inclined to uphold the findings of the ld. CIT(A) and dismiss appeal filed by the Revenue.
Issues:
- Disallowance of 8% of bogus purchases - Disallowance of 100% of bogus purchases - Failure to establish genuineness of transactions with a party - Restriction of quantum addition - Application of gross profit rate on alleged bogus purchases - Discrepancies in books of accounts Disallowance of 8% of Bogus Purchases: The Revenue appealed against the CIT(A)'s decision to disallow only 8% of the alleged bogus purchases instead of the entire amount. The Revenue argued that allowing 92% of the expenditure implies permitting purchases from the 'grey' market, rendering section 40(A)(3) redundant. The CIT(A) based the decision on the Gujarat High Court's ruling and previous ITAT judgments, scaling down the addition to 8% profit on the alleged total bogus purchases. The ITAT upheld the CIT(A)'s decision, emphasizing the lack of conclusive evidence from both parties and the need to estimate profit from suspicious purchases based on the facts of each case. Disallowance of 100% of Bogus Purchases: The Revenue contended that the CIT(A) erred in not applying the landmark Supreme Court decision confirming the addition of 100% of bogus purchases. However, the ITAT reasoned that in cases involving purchases from suspicious dealers, only the profit element should be taxed, not the total purchase amount. Citing the Gujarat High Court's ruling and previous ITAT decisions, the ITAT upheld the CIT(A)'s decision to restrict the addition to 8% profit on alleged bogus purchases. Failure to Establish Genuineness of Transactions: The Revenue argued that the CIT(A) wrongly deleted the quantum addition related to alleged bogus bill purchases from a specific party due to the assessee's failure to prove the transaction's genuineness. The ITAT noted that while the assessee provided basic evidence, further conclusive evidence was lacking. The ITAT emphasized the need for thorough investigation and conclusive proof to establish the genuineness of transactions, ultimately upholding the CIT(A)'s decision. Restriction of Quantum Addition: The Revenue challenged the CIT(A)'s decision to restrict the quantum addition, claiming that information on bogus purchases received from an external agency was ignored. The ITAT, however, emphasized the importance of supporting evidence and the need to consider the nature of the business when estimating income from alleged bogus purchases. Based on previous judgments and the facts of the case, the ITAT upheld the CIT(A)'s decision to limit the addition to 8% profit on the alleged bogus purchases. Application of Gross Profit Rate on Alleged Bogus Purchases: The ITAT analyzed the application of gross profit rates on alleged bogus purchases, highlighting the lack of uniform yardsticks for estimation and the dependency on case-specific facts. Considering the nature of the business and consistent with previous judgments, the ITAT found the 8% profit rate adopted by the CIT(A) reasonable and upheld the decision, dismissing the Revenue's appeal. Discrepancies in Books of Accounts: The ITAT noted the absence of discrepancies in the books of accounts and the lack of sales outside the books. While the Revenue relied on information from the investigation wing and the Sales Tax Department, the ITAT emphasized the need for conclusive evidence to support allegations of bogus purchases. Both the assessee and the Revenue failed to provide sufficient evidence, leading the ITAT to uphold the CIT(A)'s decision based on the lack of conclusive proof.
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