2020 (9) TMI 663 - AT - Income Tax

Estimation of income - bogus purchases - HELD THAT - We notice that assessee has already declared GP ratio of 9.68% and 14.63% from the purchases made from Pravesh Enterprises and Rajat Trading Company respectively and on an average, assessee has already declared 9.5% of GP. We are inclined to direct the AO to estimate the income @ 3% of the alleged purchases. Accordingly, we direct the AO to estimate the income of the assessee @ 3% of the alleged purchases.

Summary

Issues:
1. Reopening of assessment under section 147 of the Income Tax Act.
2. Rejection of books of accounts on grounds of alleged bogus purchases.
3. Estimation of profit on alleged bogus purchases.

Analysis:
1. The appellant challenged the reopening of assessment under section 147 of the Income Tax Act, alleging that the assessing officer did not provide copies of information or recorded statements, nor an opportunity to cross-examine the alleged bogus parties. The appellant contended that the action of reopening the assessment was erroneous. However, the Appellate Tribunal noted that the assessing officer had received information from the sales tax department regarding the appellant's involvement in bogus purchases, leading to the assessment being reopened. The Tribunal upheld the decision to reopen the assessment, considering the information received and the subsequent investigation.

2. The appellant further contested the rejection of their books of accounts on arbitrary grounds related to alleged bogus purchases. The Tribunal observed that while the appellant had declared a gross profit ratio, the assessing officer estimated the profit at 12.5% of the alleged bogus purchases. The appellant argued that this estimation was too high, citing precedents where a lower percentage was applied. The Tribunal referred to a previous judgment where a 3% estimation was deemed appropriate, considering the appellant's declared gross profit ratio. Consequently, the Tribunal directed the assessing officer to estimate the income at 3% of the alleged purchases, aligning with the appellant's declared gross profit ratio.

3. Regarding the estimation of profit on the alleged bogus purchases, the Tribunal acknowledged the appellant's already declared gross profit ratios from specific purchases. Based on the average gross profit ratio declared by the appellant, the Tribunal directed the assessing officer to estimate the income at 3% of the alleged purchases. By considering the appellant's existing gross profit ratios, the Tribunal adjusted the estimated profit in line with the appellant's financial records. As a result, the Tribunal partially allowed the appeal filed by the assessee, modifying the income estimation based on the declared gross profit ratios.

In conclusion, the Appellate Tribunal upheld the reopening of assessment under section 147, adjusted the profit estimation on alleged bogus purchases to align with the appellant's declared gross profit ratios, and partially allowed the appeal by directing the assessing officer to estimate the income at 3% of the alleged purchases.