Manju Sharma v. ITO (2021) 85 ITR 388 (Delhi)(Trib.)

S. 68 : Cash credits-Bogus purchases-Addition of entire amount payable to six sundry creditors is held to be not justified-GP estimate of 16% on unsubstantiated purchases from six creditors was up held. Adoption of Gross Profit Rate Of 16 Per Cent.

The Tribunal held that the addition of the entire amount payable to the six creditors was unjustified. However, the assessee had not produced the creditors and had made purchases from parties who were not maintaining proper records or who had made adverse statements and, therefore, the assessee could not be equated with assessees who were maintaining records meticulously and not making purchases from the grey market. Since the assessee had shown a gross profit rate of less than four per cent., considering the totality of the facts of the case, the adoption of a gross profit rate of 16 per cent. on the unsubstantiated purchases from the six creditors under section 68 of the Act would meet the ends of justice as against addition of the entire amount payable to the six parties. The Assessing Officer was to restrict the addition to Rs. 48,85,485 as against Rs. 3,05,34,283 made by him and sustained by the Commissioner (Appeals). (AY.2014-15)