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RU
No Penalty on Estimated Additions for Bogus Purchase: ITAT Mumbai
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taxguruin
Bhupesh Sevantilal Shah Vs ITO (ITAT Mumbai)No Penalty on Estimated Additions – ITAT Mumbai Rules in Bogus Purchase Case- Estimated Profit Element Cannot Lead to Penalty – Revenue’s Case Fails- No Cogent Evidence, Only Estimates – Tribunal Protects Assessee from PenaltyAssessee had filed return declaring income of Rs.
This ruling reiterates that penalty u/s 271(1)(c) cannot be sustained where additions are based on estimation of profit element in alleged bogus purchases without supporting evidence.
81,62,012/- after making addition on account of bogus purchases of Rs.
CIT(A) reduced the addition by 5% thereby sustaining 7.5% of the alleged bogus purchases.
The AO levied penalty on such confirmed alleged bogus purchases amounting to Rs.
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