2019 (3) TMI 808 - AT - Income Tax

Revenue's Appeal Dismissed in Dispute Over Purchases and Liability

The Assistant Commissioner of Income Tax, Latur Circle, Latur Versus Shri Venkat Mukundrao Garje

The Assistant Commissioner of Income Tax, Latur Circle, Latur Versus Shri Venkat Mukundrao Garje - TMI Issues Involved:- Addition of bogus purchases- Addition of differences in liability in the case of M/s. Kirti Construction CompanyAnalysis:Issue 1: Addition of Bogus PurchasesThe appeal by the Revenue challenged the deletion of an addition of Rs. 77,34,539 made on account of alleged bogus purchases during the assessment year 2011-12. The Assessing Officer based the addition on the concession recorded by the Chartered Accountant of the assessee due to the failure of the assessee to provide sufficient details of purchase and transportation of material. The Revenue contended that once the Chartered Accountant agreed to the addition, the assessee could not challenge it before the appellate forum. However, the assessee argued that relevant documents were provided, including purchase bills, supplier details, payment details, and confirmations from suppliers. The Commissioner of Income Tax (Appeals) deleted the addition after considering all documents and the affidavit from the Chartered Accountant. The Tribunal upheld the Commissioner's decision, noting the lack of evidence showing purchases from hawala dealers and the genuineness of suppliers.Issue 2: Addition of Differences in LiabilityThe second ground of appeal concerned the deletion of an addition of Rs. 11,39,194 due to differences in liability with M/s. Kirti Construction Company. The Assessing Officer alleged that the assessee created a bogus liability, but the assessee provided a reconciliation statement explaining the differences, mainly related to security deposits and VAT entries. The Commissioner of Income Tax (Appeals) accepted the reconciliation statement and deleted the addition. The Tribunal found no reason to interfere with the Commissioner's decision, as the Revenue failed to provide any contrary material to challenge the findings. Therefore, the Tribunal dismissed the appeal by the Revenue, upholding the impugned order.The remaining grounds of appeal, which were argumentative and supportive of the first two grounds, were also dismissed as the primary issues were resolved in favor of the assessee. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) and dismissed the Revenue's appeal on the 13th day of March, 2019.