2021 (4) TMI 290 - AT - Income Tax

Estimation of income - bogus purchases - HELD THAT - As notices issued by the AO u/s 133(6) to the said parties were returned un-served by the postal authorities with the remarks 'not known . In response to a query raised by the AO, the assessee filed during the course of assessment proceedings copy of audited balance sheet, P L account, audit report, bank statement, purchase/sale bill (party-wise) stock register, purchase/sale bill and mode of payment. AO observed that the assessee could not file transport receipts, octroi receipts, receipts from weighbridge, excise gate pass, goods inward register. We are of the considered view that the estimation be made @ 6% of the disputed purchases. Accordingly, we set aside the order of the Ld. CIT(A) and direct the AO to estimate profit @ 6% on the disputed purchases to tax. - Decided partly in favour of assessee.

Summary

Issues:
1. Validity of reassessment u/s 143(3) r.w.s. 147
2. Addition of alleged non-genuine purchases
3. Levying of penalty u/s 271(1)(c) and interest u/s 234 A, B, C & D
4. Confirmation of disallowances by CIT(A)

Issue 1: Validity of reassessment u/s 143(3) r.w.s. 147
The appeal challenged the reassessment conducted u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961. The assessee contended that the reassessment was erroneous and based on borrowed satisfaction, presumption, and surmises. Despite the assessee's absence during the hearings, the Tribunal proceeded to dispose of the appeal by examining the available materials and hearing the Departmental Representative.

Issue 2: Addition of alleged non-genuine purchases
The Assessing Officer added ?5,86,587 as non-genuine purchases, constituting 12.5% of the total purchases amounting to ?46,92,697. The AO's decision was based on information from the Sales Tax Department indicating accommodation entries from 10 parties. The assessee's attempts to establish the genuineness of purchases were hindered by the inability to trace the suppliers, leading to an estimation of profit at 12.5%. The CIT(A) upheld this estimation, prompting the Tribunal to reevaluate and reduce the estimated profit to 6%, resulting in a revised taxable amount of ?2,81,560.

Issue 3: Levying of penalty u/s 271(1)(c) and interest u/s 234 A, B, C & D
The AO imposed penalties under section 271(1)(c) and interest under sections 234 A, B, C & D. The Tribunal's decision to partly allow the appeal did not specifically address the penalties and interest levied. However, the reassessment outcome impacted the taxable amount, which might have implications for the penalty and interest calculations.

Issue 4: Confirmation of disallowances by CIT(A)
The CIT(A) confirmed the AO's decision regarding the addition of non-genuine purchases. The Tribunal, while setting aside the CIT(A)'s order, directed the AO to estimate the profit at a reduced rate of 6% on the disputed purchases. This adjustment resulted in a lower taxable amount of ?2,81,560, indicating a partial allowance of the appeal.

In conclusion, the Tribunal's judgment addressed the validity of reassessment, the addition of non-genuine purchases, and the subsequent revision of the estimated profit for taxation. The decision partially allowed the appeal by adjusting the taxable amount based on a reduced profit estimation percentage. The implications on penalties and interest levied were not explicitly discussed in the judgment.