2022 (10) TMI 1218 - AT - Income Tax

ITAT reduces bogus purchase addition to 12.5% but sustains creditor addition due to lack of confirmations

Rajesh G. Jain Versus ITO, Ward 2 (2), Thane

Rajesh G. Jain Versus ITO, Ward 2 (2), Thane - TMI Issues:1. Validity of order based on Circular No. 19/20192. Estimation of profit from alleged Hawala purchases3. Disallowance of sundry creditors and expenses4. Ad hoc additions on household withdrawal and expenses5. Jurisdictional ITAT and High Court ratio application6. Impact of additions on Gross Profit rate7. Theory of contemporary correlationIssue 1: Validity of Order based on Circular No. 19/2019The appellant contended that the order was against Circular No. 19/2019, which mandated the use of a Document Identification Number (DIN) in communications from income-tax authorities. Failure to include DIN rendered the communication invalid. However, the Tribunal did not find merit in this argument.Issue 2: Estimation of Profit from Alleged Hawala PurchasesThe Assessing Officer (A.O) disallowed a significant amount for alleged Hawala purchases due to lack of evidence and compliance by the parties involved. The CIT(A) estimated profits at 12.50% of the alleged bogus purchases based on information from the sales tax department's website. The Tribunal upheld the CIT(A)'s decision regarding the estimation of profits, considering the lack of supporting documents from the appellant.Issue 3: Disallowance of Sundry Creditors and ExpensesThe A.O disallowed unexplained sundry creditors and various expenses due to lack of compliance and supporting documentation. The CIT(A) confirmed these disallowances as the appellant failed to provide necessary confirmations and details. The Tribunal found no reason to interfere with the CIT(A)'s decision on these disallowances.Issue 4: Ad Hoc Additions on Household Withdrawal and ExpensesThe A.O made ad hoc additions on household withdrawal and various expenses, which the CIT(A) upheld as the appellant did not provide detailed submissions. However, the Tribunal found the CIT(A)'s decision unjustified and directed the A.O to delete these additions due to lack of substantiation.Issue 5: Jurisdictional ITAT and High Court Ratio ApplicationThe appellant argued that only the profit element from alleged bogus purchases should be taxed, not the entire amount. The Tribunal considered this argument in light of jurisdictional ITAT and High Court decisions but did not find sufficient grounds to deviate from the CIT(A)'s decision on the matter.Issue 6: Impact of Additions on Gross Profit RateThe appellant raised concerns about the impact of additions on the resulting Gross Profit rate, deeming it unrealistic in normal business activities. However, the Tribunal did not find substantial evidence to support this argument.Issue 7: Theory of Contemporary CorrelationThe appellant contended that the theory of contemporary correlation should have been applied, highlighting the inevitable consequences of treating imaginary situations as real. The Tribunal considered this argument but did not find it compelling enough to alter the decision.In conclusion, the Tribunal partly allowed the appeal, making adjustments to the additions on household withdrawal and expenses while upholding other decisions regarding Hawala purchases, sundry creditors, and profit estimations.