2020 (11) TMI 5 - AT - Income Tax

Estimation of income - Bogus purchases - appellant prays that the credit of gross profit @ 7.58% declared by it shall be given against the addition @ 12.5% confirmed by CIT-A - HELD THAT - As per assessee CIT(A) has erred in confirming the action of the A.O irrespective of the fact and submissions that, the assessee has maintained GP ratio of 7.58% in the financial year and the same has to be applied for the bogus purchases and emphasized that for the Assessment year 2011-12, the Hon ble ITAT has relied on the decision of Pr.CIT Vs. Md. Haji Adam Co 2019 (2) TMI 1632 - BOMBAY HIGH COURT Accordingly, we set aside the order of the CIT(A) and restore the disputed to the file of the A.O to verify and examine the facts and apply the Ratio of the decisions. Appeal filed by the assessee is allowed for statistical purposes.

Summary

Issues:
1. Addition of alleged bogus purchases confirmed by CIT(A)
2. Application of gross profit ratio on alleged bogus purchases

Analysis:

Issue 1: Addition of alleged bogus purchases confirmed by CIT(A)
The appellant contested the addition of ?2,39,090, being 12.5% of the alleged bogus purchases of ?19,12,716, made by the appellant. The appellant argued that the materials were actually purchased, payments were made through banking channels, and the purchased materials were sold and accounted for in the books. The AO estimated income on bogus purchases and passed an order under section 143(3) r.w.s 147. The CIT(A) confirmed the addition, leading the appellant to appeal to the Tribunal. During the hearing, the appellant emphasized that the GP ratio declared was 7.58% and should be applied to the alleged bogus purchases. The Tribunal, considering judicial precedence and the jurisdictional Bombay High Court decision, set aside the CIT(A) order and remanded the matter to the AO for verification and application of the ratio of decisions. The AO was directed to grant the appellant an adequate opportunity for hearing.

Issue 2: Application of gross profit ratio on alleged bogus purchases
The appellant argued that the GP ratio declared at 7.58% should be applied to the alleged bogus purchases, contrary to the CIT(A)'s decision to confirm the AO's estimation of income at 12.5%. The appellant cited a previous year's ITAT decision and the Bombay High Court case of Pr.CIT Vs. Md. Haji Adam & Co. to support their claim. The Tribunal, following the judicial precedence and the mentioned decision, allowed the appeal for statistical purposes, setting aside the CIT(A) order and remanding the matter to the AO for further examination based on the established ratios.

In conclusion, the Tribunal allowed the appeal filed by the appellant for statistical purposes, directing the AO to re-examine the matter in light of the GP ratio declared by the appellant and the relevant judicial decisions, providing the appellant with a fair hearing opportunity.