Assessing Officer treated entire purchases made by assessee from two parties as bogus purchases and added amount to assessee’s income invoking section 69C. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that since assessee had filed details of purchases made from aforesaid parties and corresponding quantity of sales made, entire purchases could not have been added. Further source of purchases was from books, addition could not have been made under section 69C. Only gross profit rate of 3 per cent was to be applied over and above gross profit rate declared by assessee on bogus purchases. (AY. 2012-13)
Heena Gems v. ACIT (2024) 208 ITD 481/114 ITR 30(SN) (Mum) (Trib.)
S. 69C : Unexplained expenditure-Bogus purchases-filed details of purchases made and corresponding quantity of sales made-Entire purchases could not have been added to income-Only profit element can be taxed.