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Income Tax

GST Cancellation Alone Cannot Make Purchases Bogus – ITAT Restricts Addition to 5% Profit Element

Case Law Details

Case Name
Paras Khurana Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2021-22
Advertisement Paras Khurana Vs ITO (ITAT Delhi) The Delhi ITAT held that mere cancellation of GST registration of suppliers or their non-compliance before the department cannot automatically render purchases bogus. In the case of the assessee, the AO had treated purchases of ₹8.77 crore as suspicious because several suppliers were GST non-filers, their GST registrations stood cancelled and notices issued by the department remained unanswered. However, instead of disallowing the entire purchases, the AO estimated profit element at 10% and made an addition of ₹87.75 lakh. Before the Tribu...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,900

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