2019 (6) TMI 1666 - AT - Income Tax

ITAT rules on tax rate for alleged bogus purchases, setting it at 5% over 12.5%.

The ITAT directed the AO to tax alleged bogus purchases at a rate of 5%, disagreeing with the CIT(A)'s decision to sustain the addition at 12.5%. The ITAT ... Estimation of income - bogus purchases - confirmation of disallowance to the tune of 12.5% of the alleged bogus purchases - HELD THAT:- CIT(A) has correctly held that entire purchases could not be added to the income of the assessee and that only profit element in the said purchases have to be brought to tax however we are not in agreement with the rate applied on the alleged purchases. In this case, we observe that the assessee has already accounted for these purchases in the books of accounts and have returned the profits on these purchases. Under these circumstances, in our view, the only savings which the assessee may have made by purchasing the goods from the grey market have to be brought to tax. In the present case, the assessee is a dealer in iron and steel items and the applicable VAT rate is 4%. Under these circumstances, we are of the view that the purchases which are stated to be bogus should be brought to tax @ 5%. Accordingly, we set aside the order of Ld. CIT(A) and direct the AO to apply a rate of 5% on these bogus purchases. Issues Involved:1. Reopening of assessment under section 147 of the Act.2. Disallowance of alleged bogus purchases and addition to income.Issue 1: Reopening of assessment under section 147 of the Act:The assessee filed a return of income declaring an amount processed under section 143(1) of the Act. Subsequently, the case was reopened under section 147 r.w.s. 148 of the Act based on information from the Sales Tax Department and DGIT, stating that the assessee benefitted from bogus hawala purchase bills. The AO issued notices and requested evidence to prove the genuineness of the purchases. Despite the submission of bills, vouchers, and bank details, the AO was not convinced and added the entire purchases as unexplained expenditure under section 69C of the Act. In the appellate proceedings, the CIT(A) partly allowed the appeal, sustaining the addition to the extent of 12.5% of the alleged bogus purchases. However, the ITAT disagreed with the rate applied by the CIT(A) and directed the AO to tax the bogus purchases at a rate of 5%, considering the savings made by purchasing goods from the grey market.Issue 2: Disallowance of alleged bogus purchases and addition to income:The main issue raised was against the confirmation of disallowance amounting to 12.5% of the alleged bogus purchases, resulting in an addition over the gross profits shown by the assessee. The CIT(A) upheld this disallowance based on the decision of the Bombay High Court in a similar case. The ITAT, after considering the nature of the assessee's business and the applicable VAT rate, concluded that only the profit element in the purchases should be taxed. They determined that a rate of 5% should be applied to the alleged bogus purchases instead of the 12.5% upheld by the CIT(A). Consequently, the ITAT allowed the appeals of the assessee in all four cases.This comprehensive analysis of the judgment highlights the issues of reopening the assessment under section 147 of the Act and the disallowance of alleged bogus purchases, providing a detailed explanation of the events, arguments, decisions, and final outcomes in each case.