Viresh Vora HUF v. ITO, Ward 32(3)(5), Mumbai
[Citation -2019-LL-0903-7]
Citation | 2019-LL-0903-7 |
---|---|
Appellant Name | Viresh Vora HUF |
Respondent Name | ITO, Ward 32(3)(5), Mumbai |
Court | ITAT-Mumbai |
Relevant Act | Income-tax |
Date of Order | 03/09/2019 |
Assessment Year | 2009-10 |
Judgment | View Judgment |
Keyword Tags | documentary evidence • gross profit rate • bogus purchase • disallowance of purchases • reopening of assessment • banking channel |
Bot Summary: | PAN : AACHV5921R Assessee by None Department by Shri Chaitanya Anjaria Date of Hearing 4.7.2019 Date of Pronouncement 3.9.2019 ORDER This is an appeal by the assessee wherein the assessee is aggrieved that the learned CIT-A has erred in sustaining 12.5 disallowance on account of bogus purchases, vide order dated 31.5.2018 pertaining to assessment year 2009-10. The Assessment in this case was reopened upon receipt of information from the sales tax Department that assessee has made bogus purchases. The assessee submitted the purchase vouchers and the payments were made through banking channel. Upon careful consideration I find that assessee has provided the documentary evidence for the purchase. In the present case the facts of the case indicate that assessee has made purchase from the grey market. Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. As regards the quantification of the profit element embedded in making of such bogus/unsubstantiated purchases by the assessee, I find that as held by honourable High Court of Bombay in its recent judgement in the case of principle Commissioner of income tax versus M Haji Adam Co, the addition in respect of bogus purchases is to be limited to the extent of bringing the gross profit rate on such purchases at the same rate as of other genuine purchases. |