TaxTMI 
TaxTMI 
2015 (7) TMI 362
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....(A) erred in relying upon judgement in the case of CIT v/s Nikunj eximp Enterprises Pvt. Ltd. without appreciating that the facts involved in the appellant's case are different from the facts of the above case law. 3.On the facts and in the circumstances of the case and in law, the ld.CIT(A) grossly erred in not appreciating the fact that notices under 133(6) issued to parties from whom alleged bills were received, were returned undelivered by the postal authorities. 4.On the facts and in the circumstances of the case and in law, the Id. CIT(A) grossly erred in not appreciating the fact that the assessee failed to produce the parties from whom the alleged bills were received despite many opportunities accorded him. 5.On the facts ....
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....Total 1,37,65,667/- In view of the above information,vide his show cause notice dt.6.2.13,the assessee was asked as to why the alleged purchase from the above mentioned sever parties aggregating to 1.37 crores should not be treated as unexplained expenditure. The AO provided the assessee the copies of statement recorded by the sales tax department.In response to the above,the assessee filed a letter dt.12.2.2013 and argued that the purchases made by him were genuine,that purchase of material was duly recorded in the books of account, that the parties concerned had submitted relevant supporting documents, i.e. sales tax confirmation and copies sales tax return, that those documents were submitted during assessment proceedings ,that....
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....vement register,that the assessee submitted material register before the AO showing the receipt of material from the parties mentioned in the show cause notice. He also furnished copies of invoice and L/R of receipt of inward material purchased,bank statement showing payment made by cross Account payee cheques to the above mentioned parties,copies of VAT returns, IT returns and confirmation of the impugned parties along with their MVAT reports and acknowledgements. It was argued that the AO had not treated the purchases bogus,that he was merely relying on the list of the suspicious dealers published by the VAT department, the AO did not dispute the delivery of goods.The assessee relied upon the cases of Bajrang Oil (12 ITD 631), Milk Food (....
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....and finally deleted the addition made by the AO. 4. Before us,Departmental Representative(DR)relied upon the order of the AO. Authorised Representative (AR) supported the order of FAA and relied on the following cases Rajiv G Kalathil (ITA/6727/Mum/2012,dated 20.08.2014), Ramila Pravin Shah (ITA/5246/Mum/2013, dated 05.03.2015), Rameshkumar & Co.(ITA/2959/Mum/2014,dated 28.11.2014) Deepak Popatlal Gala (ITA/5920-6203/Mum/2013,dated 27.03.2015).He further argued that the payments were made through banking channels,that cross examination of the above referred seven parties was not allowed even though the assessee had requested for the same. 5. We have heard the rival submissions and perused the material before us.We find that the AO had not....