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No Penalty on Estimated Additions for Bogus Purchase: ITAT Mumbai

Case Law Details

TaxGuru Citation
2025 taxguru.in 8363
Case Name
Bhupesh Sevantilal Shah Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
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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 Penalty

Assessee had filed return declaring income of Rs. 75.04 lakh which was assessed at Rs. 81.62 lakh after making addition of Rs. 5.29 lakh, being 12.5% of purchases treated as bogus from Shree Ram Steel. In appeal, CIT(A) reduced the disallowance to 7.5%, thereby sustaining addition of Rs. 3.17 lakh.  AO thereafter levied penalty of Rs. 98,200 u/s 271(1)(c) for furnishing inaccurate particulars.

CIT(A) deleted the penalty by relying on coordinate bench decisions in V.K. Ispat & Alloys v. ITO & Fancy Diamonds India Pvt. Ltd., holding that when income is determined on estimated basis, penalty u/s 271(1)(c) is not leviable.

On Revenue’s appeal,  Tribunal observed that neither AO nor CIT(A) had brought any cogent evidence to justify estimation of 12.5% or 7.5%. Additions were purely on estimate without comparable cases or concrete material. Tribunal held that when addition is made only on estimated profit element, it does not amount to concealment of income or furnishing of inaccurate particulars. Accordingly, CIT(A)’s order deleting penalty was affirmed & Revenue’s appeal was dismissed.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,411

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