2024 (7) TMI 1285 - AT - Income Tax

Tribunal Partially Allows Appeals, Reduces Disallowance on Purchases from Non-Genuine Parties from 12.5% to 5.

Dinesh Tarachand Mehta Versus ITO-19 (1) (4), Mumbai

The Tribunal condoned a 1939-day delay in filing appeals due to the assessee's CA's illness and demise. For AY 2010-11 and 2011-12, the AO's disallowance ... Estimation of income - bogus purchases - disallowance of purchases to the extent of 12.05% on account of purchase from non-genuine parties - HELD THAT:- The assessee is engaged in trading in Ferrous and Non-ferrous Metals. Since, the assessee failed to discharge onus of proving the genuineness of the transactions in question, the AO has rightly proceeded to make the addition of profit element embedded in the total bogus purchases. Considering the nature of business of the assessee and other relevant facts as well as the judicial pronouncements, we deem it reasonable to estimate the profit @5% of the total non-genuine purchases. Addition to the extent of 5% which works out is sustained. Thus, appeal of the assessee is partly allowed. Issues:1. Delay in filing appeals2. Disallowance of purchases on account of non-genuine parties for AY 2010-113. Disallowance of purchases on account of non-genuine parties for AY 2011-12Issue 1: Delay in Filing AppealsThe appeals were filed with a delay of 1939 days. The assessee sought condonation of delay due to unforeseen circumstances, including the previous CA's illness and subsequent demise, which led to the delay in filing the appeal. The new CA appointed by the assessee discovered the lapse in filing the appeal despite the fee being paid earlier. The Tribunal, considering the circumstances, condoned the delay in filing the appeals and proceeded to decide on the merits of the case.Issue 2: Disallowance of Purchases for AY 2010-11The AO disallowed purchases to the extent of 12.5% due to transactions with non-genuine parties based on information received regarding a scam unearthed by the Sales Tax Department. The case was reopened under section 147 of the Income-tax Act, and the AO concluded that the assessee engaged in non-genuine transactions to suppress profits. The CIT(A) upheld the AO's decision. The Tribunal, after considering submissions and judicial precedents, reduced the estimated profit element from 12.5% to 5% of the non-genuine purchases, resulting in a sustained addition of Rs. 5,21,721. The appeal for AY 2010-11 was partly allowed.Issue 3: Disallowance of Purchases for AY 2011-12Similar to AY 2010-11, the AO disallowed purchases at 12.5% due to transactions with non-genuine parties. The Tribunal upheld the decision to reduce the estimated profit element to 5% of non-genuine purchases, resulting in a sustained addition of Rs. 6,15,222. Consequently, the appeal for AY 2011-12 was also partly allowed.In conclusion, the Tribunal addressed the delay in filing the appeals and proceeded to decide on the disallowance of purchases from non-genuine parties for both AY 2010-11 and AY 2011-12. The Tribunal reduced the estimated profit element from 12.5% to 5% for both years, resulting in partly allowing the appeals in favor of the assessee for both assessment years.