Reassessment on the basis of report from Investigation Wing. The Tribunal affirmed the reassessment order. During the course of survey under S. 133A, proprietor Swastic Corporation confessed that three transactions are non-genuine. First transaction made on 27th Jan., 2015 pertains to the financial year 2014-15. Therefore, no addition in respect of the aforesaid transaction can be made in the year under consideration. As regards the other two transactions which were made in the relevant year, the assessee could not furnish documents to prove the delivery of goods by Swastic Corporation even during the appellate proceedings. Further, the assessee could not co-ordinate the purchases with the corresponding sales. It is evident that the assessee has failed to prove the genuineness of the aforenoted two purchases made from Swastic Corporation. Matter is restored to the AO with the direction to restrict the addition as regard the two bogus purchases by bringing the gross profit rate on such bogus purchases at the same rate as that of the other genuine purchases. (AY. 2016-17)
Shah Traders v. Dy.CIT (2025) 233 TTJ 641 / 246 DTR 41 / 172 taxmann.com 513 (Mum)(Trib)
S. 147 :Reassessment-Information received from Investigation Wing-Return was processed u/s143(1)-Survey-Accommodation entries-Reassessment is justified-On merit the matter is remanded to estimate of gross profit as applicable to genuine purchases. [S. 69C, 133A, 143(1)]
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