2019 (3) TMI 2

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....PER SAKTIJIT DEY, J.M. This is an appeal by the assessee against order dated 30.11.2017 of learned Commissioner of Income Tax (Appeals)- 32, Mumbai for the assessment year 2009-10. 2. The dispute in the present appeal is confined to the addition made on account of bogus purchases. 3. Briefly the facts are, the assessee, an individual, is engaged in the business of trading in ferrous and n....

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.... proceedings, to ascertain the genuineness of assessee's claim, the assessing officer issued notices under section 133(6) of the Act to the parties who have supposedly sold goods to the assessee. As observed by the assessing officer, notices issued under section 133(6) of the Act returned unserved. Therefore, he called upon the assessee to produce the selling dealers along with the copy of the ....

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....ement by estimating it at 12.5% of the nongenuine purchases which worked out Rs. 15,33,870. Though, the assessee challenged the aforesaid addition in appeal, however, learned Commissioner (Appeals) sustained the addition made by the assessing officer. 4. When the appeal was called for hearing no one was present on behalf of the assessee to represent the case. Even, the assessee has not sought f....

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.... find any infirmity in the action of the assessing officer in reopening the assessment under section 147 of the Act. Therefore, the validity of re-opening of assessment is upheld. As regards the merits of the addition made on account of bogus purchases, it is evident, neither before the assessing officer nor before the learned Commissioner (Appeals) the assessee has produced any supporting evidenc....