2021 (2) TMI 356 - AT - Income Tax

Estimation of income - Bogus purchases - AO instead of disallowing the entire purchases has restricted the disallowance to the profit element embedded therein by estimating it @ 12.5% - HELD THAT - Before us assessee has submitted that the assessee has declared gross profit rate of 6.79% in assessment year 2010-11 and 9.68% in assessment year 2011-12. It is also a fact that as per industry norms the profit rate on the goods traded is normally between 2% to 4%. Considering the fact that the assessee was not able to prove the source of purchase and also keeping in view the gross profit declared by the assessee, disallowance @ 4% of the non-genuine purchases would be fair and reasonable. Accordingly, direct the Assessing Officer to restrict the disallowance to 4% of the non-genuine purchases in both the assessment years under dispute.

Summary

Issues:
Challenge to disallowance on account of non-genuine purchases in assessment years 2010-11 and 2011-12.

Analysis:
The appeals were filed challenging two orders by the Commissioner of Income Tax related to disallowances on non-genuine purchases. The assessee, a partnership firm trading in metals, faced disallowances based on information from the Sales Tax Department and DGIT. The Assessing Officer reopened the assessment under section 147 of the Act due to suspicions regarding the genuineness of purchases. Despite the assessee providing some evidence, the Assessing Officer deemed the purchases non-genuine, following which a partial disallowance was made. The assessee contested these additions before the Commissioner (Appeals) but they were sustained.

The Authorised Representative argued for a lower disallowance percentage based on the gross profit rate and VAT rate of the goods purchased. The Departmental Representative supported the Assessing Officer's and Commissioner (Appeals)' observations. The Tribunal noted the inability of the assessee to conclusively prove the purchases' authenticity but acknowledged that the goods were obtained from unverified sources. Considering industry norms and the declared gross profit rates, the Tribunal deemed a 4% disallowance on non-genuine purchases fair and reasonable for both assessment years.

The ground challenging the reopening of the assessment was dismissed as it was not pressed during the hearing. Another ground related to the levy of interest was also dismissed as consequential. Ultimately, the appeals were partly allowed, and the direction was given to restrict the disallowance to 4% of the non-genuine purchases for the disputed assessment years.

This judgment highlights the importance of substantiating the authenticity of purchases and the Tribunal's discretion in determining the appropriate disallowance percentage based on industry standards and declared profit rates. The decision serves as a reminder for taxpayers to maintain thorough documentation to support their transactions and emphasizes the significance of adhering to legal procedures during assessments.