2016 (7) TMI 1262 - AT - Income Tax

Appeal granted, disallowance deleted. Substantive evidence key in proving genuineness. Thorough investigations crucial.

The Tribunal allowed the appeal, directing the AO to delete the disallowance of Rs. 63,29,735. It emphasized the importance of substantive evidence in ... Bogus purchases - Disallowance made of purchases from 8 parties - Held that:- We find that the assessee submitted the copies of ledger account, copies of bank statements, copies of purchase bills, material delivery challans in order to substantiate the purchases made from those parties. Besides the assessee also produced stock register in which the entries of material received and consumed for production in order to prove the case of assessee and ultimately sold all the finished goods for which no doubts were raised by the tax authority. We also note that the books of account were not rejected by the AO and only the purchases were doubted which were reduced by the ld. CIT(A) substantially. The remand report reveals that the purchases were doubted primarily for the reasons such as non services of notices u/s 133(6), non production of supplies before the tax authorities, non-filing of the confirmation letters from the suppliers, non furnishing of bank statements, return of income, financial statements in support of claim of the assessee and lastly in respect of four parties, it was alleged that the parties were put on the website of Maharashtra Sales Tax department declaring them as suspicious hawala dealer. Looking to the facts and circumstances of case in totality, we are of the considered opinion that when material were purchased and payment were made through banking channel and the material consumed in the manufacturing process which was not at all in doubt then the tax authorities are not justified in treating the purchase as bogus. - Decided in favour of assessee Issues Involved:1. Confirmation of disallowance of purchases from 8 parties amounting to Rs. 63,29,735.2. Genuineness of purchases and the onus of proof on the assessee.3. Procedural compliance under Rule 46A and Section 250(4) of the Income Tax Act.4. Reliance on judicial precedents to substantiate the assessee's claims.Issue-wise Detailed Analysis:1. Confirmation of Disallowance of Purchases:The appellant-assessee contested the confirmation of a disallowance amounting to Rs. 63,29,735 made by the Assessing Officer (AO) and sustained by the Commissioner of Income Tax (Appeals) [CIT(A)]. The AO had initially disallowed purchases totaling Rs. 7,48,31,548, which was later reduced to Rs. 63,29,735 by the CIT(A) based on a remand report. The disallowance pertained to purchases from 8 parties, some of which were declared as suspicious dealers by the Maharashtra State Sales Tax Department.2. Genuineness of Purchases and Onus of Proof:The AO challenged the genuineness of purchases from the 8 parties due to non-service of notices under Section 133(6), non-confirmation from the parties, and lack of supporting evidence such as transport details, delivery challans, and bank statements. Despite the assessee providing ledger accounts, bank statements, purchase bills, and stock registers, the AO deemed the purchases non-genuine. The CIT(A) upheld this view, citing insufficient credible evidence from the assessee to prove the genuineness of the transactions.3. Procedural Compliance under Rule 46A and Section 250(4):The CIT(A) admitted additional evidence during the appeal, invoking powers under Section 250(4) of the Income Tax Act. The judgment emphasized that while Rule 46A regulates the admission of additional evidence, it does not curtail the CIT(A)'s statutory powers under Section 250(4). The CIT(A) must distinguish between cases where the assessee invokes Rule 46A and where the CIT(A) initiates further inquiry suo moto. In this case, the CIT(A) followed the procedural requirements and admitted additional evidence to decide the appeal.4. Reliance on Judicial Precedents:The assessee cited several judicial precedents to support its claims, arguing that the AO's disallowance was unjustified given the substantial evidence provided. The cited cases included:- DCIT v. Rajeev G Kalathial: Held that suspicion alone cannot replace evidence, and the AO must conduct thorough investigations.- YFC Projects (P) Ltd v. DCIT: Emphasized that non-filing of confirmations alone does not invalidate genuine purchases, especially when payments are made through banking channels.- CIT v. Jagdishchandra Vishwakarma: Affirmed that satisfactorily explained purchases cannot be doubted merely on procedural grounds.The Tribunal, considering the totality of the circumstances, found that the assessee had adequately discharged its onus of proving the purchases. The material was received, payments were made through banking channels, and the goods were consumed in manufacturing, which was not disputed by the tax authorities. The Tribunal concluded that the tax authorities were not justified in treating the purchases as bogus and deleted the addition of Rs. 63,29,735 sustained by the CIT(A).Conclusion:The appeal filed by the assessee was allowed, with the Tribunal directing the AO to delete the disallowance of Rs. 63,29,735. The judgment underscored the importance of substantive evidence over procedural lapses and reaffirmed the need for thorough investigation by tax authorities before disallowing genuine business transactions.