PCIT v. Rishabhdev Tachnocable Ltd (2020) 424 ITR 338 /187 DTR 473 (Bom) (HC). www.itatonline .org

S. 69C : Unexplained expenditure – Bogus purchases – Accommodation entries – Restricting the disallowances at 5% of alleged bogus purchases is held to be justified – Entire purchases cannot be disallowed . [ S. 37(1),144 ]

The assessee is  engaged in the business of manufacturing and dealership of all kinds of industrial power controlling instrument cables and related items.  On the basis of the information received from the sales tax department the AO disallowed the entire purchases  from  the alleged hawala bill givers  and passed the order u/s 144 of the Act . On appeal considering the additional evidences added only 2% of the profit element on alleged purchases .On appeal by the revenue the Tribunal directed the AO to make further disallowance of 3% alleged purchases . Against the order of the Tribunal the revenue filed an appeal to the High court. Followed , CIT v. Bholanath Polyfab Ltd  (2013 ), 355 ITR 290 (Guj)  (HC) and distinguished the ratio in   Kaveri Rice Mills v . CIT (2006)157 Taxman 376 ( All  ) (HC) . ,CIT v. La Medica (,2001) 250 ITR 575 (Delhi) (HC)  (Arising from  ITA No.7773/Mum/2014 dt .3-11-2016 (ITA No.1330 of 2017 dt 20-02 -2020 (AY. 2010 -11 ) .