2012 (4) TMI 751

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.... revenue against the order of Ld CIT(A)-XXV, New Delhi dated 30.11.2011 for assessment year 2007- 08. The main ground of appeal is as under:- "On the facts and in circumstances of the case, the Ld CIT(A) - XXV, New Delhi has erred in deleting the addition of Rs. 14,40,936/- made by Assessing Officer on account of bogus purchases." 2. The Brief facts of the case are that the assessee is....

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.... not agree to the contentions and submissions of assessee and recorded the following observations in the assessment order:- "It is seen that the stock register has not been maintained individual item-wise (such as black oval, feroza, moni coral etc). Whereas the bills of Anshu Gems filed by the assessee gives descriptions like Feroza shap, Moni Black Oval, Feroza Incut etc. In these circu....

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....ls received by the assessee and consequent sales are also made. ii) That the Assessing Officer has not made any independent enquiry to find out any bogus purchases and the claim of purchase has been disallowed without any proper verification. iii) That sales cannot be made without the corresponding purchases and this fact has been ignored by the Assessing Officer. 4. On the ba....

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.... is sufficient merits in the submissions of the assessee that the Assessing Officer has not made out a clear case of bogus purchase and as such I find it difficult to sustain such addition without any corroborative evidence and accordingly, the appeal of the assessee is allowed and the addition is made by the Assessing Officer is deleted." 5. Aggrieved the Department is in appeal before the Tri....