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TMI Blog2019 (3) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... ve the GP shown by assessee. Thus we direct 10% of the bogus purchases over and above GP percentage shown by the assessee to be added as bogus purchases. Hence, grounds raised by the assessee are partly allowed. - ITA No. 213/PUN/2015 - - - Dated:- 24-1-2019 - Shri R.S. Syal, VP And Shri Partha Sarathi Chaudhury, JM For the Assessee : Shri Pramod Jadhav For the Revenue : Shri S. Das ORDER PER PARTHA SARATHI CHAUDHURY, JM : This appeal preferred by the assessee emanates from the order of Ld. CIT(Appeals), Pune-6 dated 26.12.2014 for the assessment year 2010-11 as per grounds of appeal on record. 2. The solitary grievance of the assessee in all these grounds is confirmation of addition of ₹ 34,25,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e proceedings, the Ld. CIT(Appeals) confirmed the addition made by the Assessing Officer as per reasons appearing in his order on record specifically opining that the Representative of the assessee has accepted the disallowance and offered to pay tax being confronted on this issue. This admission of the assessee itself proves that the assessee has no case in this regard. 5. At the time of hearing, the Ld. AR of the assessee submitted that in the previous year i.e. assessment year 2009-10, the Assessing Officer had disallowed 20% of the bogus purchases. Similarly in the subsequent year i.e. assessment year 2011-12, the Assessing Officer disallowed 20% of the bogus purchases. Showing these statistics, the Ld. AR of the assessee submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en completed in the hands of assessee, who had made the purchases from the said parties. In case, no such evidence has been received by the Assessing Officer before making addition, then there is no warrant in making aforesaid addition in the hands of assessee merely on the basis of so called list of hawala dealers. There are other cases, where the Assessing Officer had received the statement of the persons who were hawala dealers and who had admitted to have just issued bills of sale without delivery of goods. In such circumstances, there is evidence against the respective assessee that where the seller of the goods, has admitted not to have entered into real transaction of sale of goods. Against such non-transaction, there can be no deliv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by way of sale bills, then the factum of purchases by the assessee stands established in such circumstances. However, the benefit of purchases being made from grey market, needs estimation in the hands of assessee. The Tribunal has already held that the addition be made by estimating the same @ 10% of the alleged hawala purchases. Accordingly, it is so held. In view thereof, the issues which emerge are as under:- I. In case no information is received by the Assessing Officer from the Sale Tax Department and no copy of statement recorded or any other evidence is received from the Sales Tax Department, then no addition is to be made on the basis of name of hawala dealer in the list prepared by the Sales Tax Department, where the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e from the grey market, some estimation needs to be made in the hands of assessee. The Tribunal in M/s. Chetan Enterprises Vs. ACIT (supra) has already held that the addition be made by estimating the same @ 10% of the alleged hawala purchases, over and above the GP shown by the respective assessee. V. Another set of cases where the statements recorded by the Sales Tax Department have been handed over to the assessee and the copies of same have been supplied to the assessee, then where the assessee established the case of receipt of goods and its onward transmission, then the factum of purchases by the assessee stands established in such circumstances. However, estimation is to be made in the hands of assessee because of purchases from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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