TaxTMI 
TaxTMI 
2019 (3) TMI 727
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....brief facts in this case are that during the course of assessment proceedings, the Assessing Officer verified the purchases made by the assessee-company and issued notice u/s.133(6) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). Some of the notices returned unserved with the remark "left place/left/refused/unclaimed". The Assessing Officer verified these parties with the list of Hawala parties available on the official web-site of the Sales tax Department of Govt. of Maharashtra. The Assessing Officer found that these parties were also appearing in the list. Thereafter, the Assessing Officer confronted the assessee on this issue and asked the assessee to prove genuineness of the transactions by providing identity of the....
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....h these aforesaid years. 6. On the other hand, the Ld. DR has placed reliance on the orders of the Authorities below and vehemently argued that it is case where the assessee himself has admitted the bogus purchases and therefore, the entire amount should be confirmed. 7. We have perused the case record and heard the rival contentions. We have also analyzed the facts in the case. We find that various scenarios of bogus purchase issue was adjudicated in series of decisions by the Pune Benches of Tribunal with lead order in M/s. Chhabi Electricals Pvt. Ltd. Vs. DCIT, in ITA No.795/PUN/2014 for assessment year 2010-11 dated 28.04.2017. In the case similar to assessee, the Co-ordinate Bench of the Tribunal in the case of M/s. Chhabi Electrical....
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....o VAT has been paid. Such bogus purchases are then to be added in the hands of assessee. Where the Assessing Officer had confronted the assessee with the information received, supplied copies of statements and where the persons have not been traced and no confirmation has been filed by the assessee in this regard, then the addition is to be made in the hands of assessee on account of such bogus purchases. In the facts and circumstances of some cases, the goods have been transferred by such hawala dealers to the respective purchasers, against which the assessee has to discharge onus of establishing the trail of goods which are transferred and further sold by them. Where the assessee is able to produce evidence of purchase of goods by way of ....
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....ssing Officer had received the statements of persons who had admitted to have just issued bills of sale without any delivery of goods. In view of such evidence, where the assessee had not entered into real transaction of purchase of goods and in the absence of any delivery of goods, the sales are bogus and the entire sales are to be added in the hands of assessee. Admittedly, the dealer had not even paid VAT against such passing of goods. III. The case where the Assessing Officer had confronted the information received from the Sales Tax Department and had supplied copies of statements recorded and had also issued notice under section 133(6) of the Act, where hawala dealer was not traceable and in the absence of the assessee failing to fi....