ANKUR KUMAR GOEL,NEW DELHI V. ITO, CIVIC CENTRE

ITA 2726/DEL/2025

AI Insights

The case involves Ankur Kumar Goel, the appellant, contesting the disallowance of purchases and the imposition of a penalty by the Income Tax Officer, Ward-44(6), Delhi, for the Assessment Year 2012-13. The primary issues were the disallowance of Rs. 34,54,339 deemed as bogus purchases and a penalty of Rs. 10,17,970. The Tribunal found that while the purchases could not be fully substantiated as genuine, a reduced disallowance of Rs. 3.5 lakhs was appropriate. Regarding the penalty, the Tribunal concluded that the mere issue of bogus purchases did not amount to concealment of income or inaccurate furnishing of particulars, leading to the penalty's removal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 778060 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 24-04-2025
• Other Referred Cases: CIT v. Reliance Petroproducts P. Ltd. (2010) 322 ITR 158 (SC)
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Corroborative evidences; Bogus purchase; Bogus
• Section: 143(3); 271(1)(c)

Judgement Text

"1 ITA Nos. 2725 & 2726/Del/2025 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No. 2725 & 2726/Del/2025 Assessment Year: 2012-13 Ankur Kumar Goel, 28/42, Punjabi Bagh, New Delhi-110026. PAN: ADXPG 4331 Q Vs Income Tax Officer, Ward-44(6), Delhi. APPELLANT RESPONDENT Assessee represented by Shri Rajat Garg, CA Department represented by Ms. Ambika Agarwal, Sr. DR Date of hearing 06.10.2025 Date of pronouncement 06.10.2025 O R D E R PER SATBEER SINGH GODARA, JM: These assessee’s twin appeals ITA Nos. 2725 & 2726/Del/2025 for A.Y. 2012-13, arise against the CIT(A)/NFAC, Delhi’s as many DINs & Order Nos. ITBA/NFAC/S/250/2024-25/1067146872(1) & ITBA/NFAC/S/250/2024- 25/1067145147(1), both dated 30.07.2024, in proceedings u/s 143(3) r.w.s. 147 & 271(1)(c) of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’, respectively. Heard both the parties. Case file perused. Printed from counselvise.com 2 ITA Nos. 2725 & 2726/Del/2025 2. Coming to the assessee’s former appeal ITA No. 2725/Del/2025, it transpires during the course of hearing that both the learned lower authorities have disallowed his entire purchases of Rs. 34,54,339/- as bogus, in assessment framed on 29.11.2019, as upheld in the lower appellate proceedings. The Revenue could hardly dispute that the assessee’s sales figure in his books of account in regular business activity have been duly reflected and accepted in both the lower proceedings. The fact also remains that the assessee also could not plead and prove the impugned purchases as genuine all along in the lower proceedings. It is thus deemed appropriate in the larger interest of justice that a lump sum disallowance of bogus purchases of Rs. 3.5 lakhs only would be just and proper with a rider that the same shall not be treated as a precedent. Necessary computation shall follow as per law. The assessee’s instant former appeal ITA 2725/Del/2025 is partly allowed. 3. Next comes the asessee’s penalty appeal ITA No. 2726/Del/2025 in AY 2012-13. There is no dispute between the parties that the impugned penalty of Rs. 10,17,970/- involves quantum issue of bogus purchases which requires supportive appreciation of the entire supporting evidence in quantum proceedings. That being the case, I hereby quote CIT v. Reliance Petroproducts P. Ltd. (2010) 322 ITR 158 (SC) that such an issue would hardly result in an instance of concealment of income or furnishing of inaccurate particulars thereof to delete the impugned Printed from counselvise.com 3 ITA Nos. 2725 & 2726/Del/2025 penalty levied by both the learned lower authorities. The assessee’s instant latter appeal ITA No. 2726/Del/2025 succeeds therefore. No other ground or arguments have been raised. 4. To sum up, this assessee’s former appeal ITA No. 2725/Del/2025 is partly allowed and his latter appeal ITA No. 2726/Del/2025 is allowed, in above terms. A copy of this common order be placed in the respective case files. Order pronounced in open court on 06.10.2025. Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 13.10.2025. *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "