ITO 32(2)(3) VS MAYUR R KAMDAR (ITAT Mumbai)

Court: MUMBAI ITAT
Head Notes:

BOGUS PURCHASE: After considering rival contentions, we find no reason to interfere with the stand of Ld. CIT(A) since the assessee was engaged in trading activities and could not achieve the sales turnover without purchase of material. The turnover of the assessee has not been doubted by the revenue and the assessee is in possession of primary purchase documents & further, the payments are through banking channels. The assessee is able to reconcile the sale and purchase transactions. At the same time, the assessee could not produce any single party to confirm the transactions and notices issued u/s 133(6) were returned back unserved which cast a serious doubt on assessee’s claim. Therefore, in such a situation, the addition, which could be made, was to account for profit element embedded in these purchase transactions to factorize for profit element earned by assessee against possible purchase of material in the grey market and undue benefit of VAT against alleged bogus purchases, which Ld.CIT(A) has rightly done.

Law:
Section(s): BOGUS PURCHASE
Counsel(s): CA ANIL TULSIDAS THAKRAR
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Uploaded By CA ANIL TULSIDAS THAKRAR
Date of upload: July 6, 2023

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