V. R. Enterprises v. ITO (Mum.)(Trib), www.itatonline.org

S. 69 : Income form undisclosed-Bogus purchases-The CIT(A) is not justified in enhancing the assessment to disallow 100% of the bogus purchases-The only addition which can be made is to account for profit element embedded in the purchase transactions to factorize for profit earned by assessee against possible purchase of material in the grey market and undue benefit of VAT against such bogus purchases. [S. 251]

AO to believe that the said purchases were non-genuine and accordingly, the additions against these purchases were estimated @12.5% which resulted into an addition of Rs.10,41,892/-. The Ld. first appellate authority, after considering assessee’s submissions and material on record came to a conclusion that the circumstances called for full additions as against 12.5% estimated by Ld. AO. Tribunal  held that, The CIT(A) is not justified in enhancing the assessment to disallow 100% of the bogus purchases- The only addition which can be made is to account for profit element embedded in the purchase transactions to factorize for profit earned by assessee against possible purchase of material in the grey market and undue benefit of VAT against such bogus purchases. Followed, PCIT v. Mohommad Haji Adam (Bom)(HC) (ITA. No.4650/Mum/2018, dt. 16.05.2019) (AY. 2009-10)