PCIT v. Sunil Mittal HUF (2024) 300 Taxman 288 (Guj.)(HC)

S. 69 : Unexplained investments-Bogus purchases-Purchase from grey market-Trading in gold and diamond jewellery-Sales accepted-Books of account not rejected-Order of Tribunal estimating addition of 13.05 per cent of gross profit is affirmed-No substantial question of law. [S. 145, 260A]

Assessee-HUF which is engaged in business of trading in gold and diamond jewellery. During year, assessee made purchases from two parties.  Assessing Officer disallowed entire purchases on ground that said parties were engaged in business of providing accommodation entries.  Commissioner (Appeals) held  that Assessing Officer while making addition of entire purchases had accepted sales.. Therefore, Commissioner (Appeals) considering fact that Assessing Officer could not have disallowed entire purchases in absence of any finding on correctness of amount paid/payable to creditors, possibility of purchasing goods from grey market at lower rates and recording same at inflated price in books of account could not be ruled out and, hence, made an addition to 13.05 percent of gross profit. Tribunal upheld order of Commissioner (Appeals). High Court affirmed the order of the Tribunal.No substantial question of law. (AY. 2017-18)

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