2023 (5) TMI 1056 - AT - Income Tax

Disallowance of Bogus Sundry Creditors - assessee has shown sundry creditors towards purchase of raw meat - whether the sundry creditors or infact genuine or bogus? - HELD THAT - Having gone through the facts of the case, arguments of the parties, we hold that the allegation of the revenue that the sundry creditors are bogus has not been proved and hence, we decline to interfere with the well reasoned order of the ld. CIT(A). Appeal of the Revenue is dismissed.

Summary

Issues Involved:
The issues involved in this case include the deletion of addition of Rs. 4,95,25,264/- on account of bogus sundry creditors, the application of sec.40A(3) read with rule 6DD(e)(ii) of the Act, the principle of "Res Judicata" in income tax proceedings, the contention regarding subsequent years, the submission of proper bills/PAN/address of creditors, and justification of purchase price of raw meat.

Disallowance of Bogus Sundry Creditors:
The appeal was filed by the Revenue against the order of ld. CIT(A)-17, New Delhi dated 03.06.2016. The assessee, a firm engaged in trading and manufacturing of raw and frozen buffalo meat, declared an income of Rs.29,79,360/-. The facts revealed that the assessee showed sundry creditors towards purchase of raw meat amounting to Rs.4,95,25,264/-. The AO requested evidence of the raw meat purchased, transportation bills, ledger account of purchase, and of creditors. The assessee failed to provide proper evidence of the creditors, with no address, PAN, or vouchers submitted. The AO found the books of account incomplete and unreliable due to lack of essential registers and documentation. Despite the substantial purchase and sale transactions, the genuineness of the creditors was not established.

Arguments and Decision:
The Revenue raised multiple grounds, asserting that the sundry creditors were inflated and not genuine. The ld. CIT(A) deleted the addition based on various reasons, including the disclosure of net gain from meat transactions, compliance with sec 40A(3) rules, and the absence of outstanding dues to suppliers. The ld. CIT(A) highlighted the regular auditing of accounts and the absence of discrepancies in the details filed. The Tribunal agreed with the ld. CIT(A), stating that the allegation of bogus sundry creditors was not proven. The appeal of the Revenue was dismissed, upholding the order of the ld. CIT(A) and concluding that all grounds were adjudicated.

Conclusion:
The Tribunal's decision emphasized the importance of substantiating transactions and maintaining proper documentation to establish the genuineness of creditors. The case underscored the significance of complying with relevant tax provisions and providing necessary evidence to support claims, ultimately leading to the dismissal of the Revenue's appeal.