2024 (1) TMI 489 - AT - Income Tax

Estimation of income - bogus purchases - HELD THAT - In the case of Haji Adam 2019 (2) TMI 1632 - BOMBAY HIGH COURT it is observed that corresponding sales were not doubted and quantitative details of bogus purchase and sales was duly submitted to indentify the sales corresponding to the bogus purchases and identify the amount of the profit earned in the case of every transaction of bogus purchases. Assessee was asked to file details of the sales corresponding to the bogus purchases, however he submitted that said details were not currently available and therefore, he requested that matter might be sent back to the file of the AO for deciding in the issue in dispute relying on the decision of the Mohammad Haji Adam Co. 2019 (2) TMI 1632 - BOMBAY HIGH COURT Accordingly, we feel it appropriate to restore this issue back to the file of the AO with the directions to identify the sales corresponding to the bogus purchases and compute the gross profit earned in each transaction of the sale of the bogus purchases and wherever the gross profit on transaction of sale corresponding to bogus purchases is found to be less than the gross profit on the genuine purchases, then he may make addition for the corresponding amount of deficiency of gross profit. Appeal filed by the assessee is allowed for statistical purposes.

Issues Involved:
1. Confirmation of addition of Rs. 95,50,585/- on alleged non-genuine purchases.
2. Invoking provisions of section 145(3) and rejecting books of account.
3. Failure to provide copy of remand report and opportunity to file rejoinder.
4. Initiation of proceedings under section 147 by issuing notice under section 148.
5. Legality of order under section 143(3) r.w.s 147.
6. Charging of interest under sections 234A, 234B, 234C, and 234D.

Summary:

1. Confirmation of Addition on Non-Genuine Purchases:
The Assessing Officer (AO) made an addition of Rs. 95,50,585/- calculated at 12.5% of the total alleged non-genuine purchases of Rs. 7,64,04,685/-. The AO based this on information that the assessee had taken accommodation entries in the form of bogus purchase/sale bills without actual supply of goods. The AO followed the decision of the Gujarat High Court in CIT v. Simit P. Seth and treated 12.5% of the total non-genuine purchase amount as the profit margin earned from such purchases. The Ld. Commissioner of Income Tax (Appeals) [CIT(A)] upheld this disallowance.

2. Invoking Provisions of Section 145(3) and Rejecting Books of Account:
The AO invoked the provisions of section 145(3) of the Income-tax Act, 1961, and rejected the books of account due to the assessee's failure to substantiate its purchases with documentary evidence. The CIT(A) confirmed this action.

3. Failure to Provide Copy of Remand Report and Opportunity to File Rejoinder:
The assessee contended that the CIT(A) failed to provide a copy of the remand report and an opportunity to file a rejoinder, which was rejected by the CIT(A) on the ground that the assessee could not substantiate its purchases with documentary evidence.

4. Initiation of Proceedings under Section 147 by Issuing Notice under Section 148:
The AO issued a notice under section 148 based on information of accommodation entries received from the Director General of Income-tax (Investigation). The assessee argued that the reasons recorded depicted mere suspicion and no tangible material was available. The CIT(A) confirmed the initiation of proceedings.

5. Legality of Order under Section 143(3) r.w.s 147:
The assessee challenged the legality of the order made under section 143(3) r.w.s 147, arguing it was illegal and without reasonable opportunity for hearing. The CIT(A) upheld the order.

6. Charging of Interest under Sections 234A, 234B, 234C, and 234D:
The CIT(A) upheld the charging of interest under sections 234A, 234B, 234C, and 234D.

Tribunal's Decision:
The Tribunal found that the identical issue of bogus purchases was addressed in the assessee's case for previous assessment years, where it was held that the gross profit declared by the assessee in respect of alleged bogus purchases was more than the gross profit declared in non-bogus parties. Following the decision of the Hon'ble Bombay High Court in the case of Mohommad Haji Adam & Co., the Tribunal directed the AO to identify sales corresponding to the bogus purchases and compute the gross profit earned. The appeal was allowed for statistical purposes, and the matter was restored to the AO for re-examination. The grounds challenging the validity of reassessment were dismissed as infructuous.

Conclusion:
The appeal filed by the assessee was allowed for statistical purposes, with directions for re-examination by the AO. The grounds related to the validity of reassessment and consequential issues were dismissed as infructuous.

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