TaxTMI 
TaxTMI 
2019 (6) TMI 1050
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....arameters laid down by section 147 r.w.s. 148 of the Act; (ii) The necessary preconditions for initiating the reassessment proceeding and completion thereof were not satisfied. 1.3 It is submitted that in the facts and the circumstances of the case, and in law, the reassessment framed is bad, illegal and void. 2. NATURAL JUSTICE 2.1 The Ld. CIT (A) erred in confirming the action of the A.O. in not granting proper, sufficient and adequate opportunity of being heard to the Appellant while framing the assessment. 2.2 It is submitted that in the facts and the circumstances of the case, and in law, the assessment so framed be held as bad and illegal, as the same is framed in breach of the principles of natural justice and without application of mind to the facts brought on record by the Appellant. WITHOUT PREJUDICE TO THE ABOVE 3.1 The Ld. CIT (A) erred in confirming the action of the A.D. in making addition of Rs. 2,29,21,394/- to the income of the Appellant on account of non - genuine purchases. 3.2 While doing so, the Ld. CIT (A) erred in confirming the action of the A.O. in rejecting the book result u/s 145 (3) ....
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.... 2. Trishla Tradwings 2008-09 9,67,569/- 3. Aayushi Enterprises 2008-09 77,33,606/- 4. Manav Impex 2008-09 54,50,159/- 5. Manibhadra Trading Co. 2008-09 68,55,368/- Total 2,29,21,394/- 3. The Assessing Officer asked the assessee to furnish the details and complete address of parties, purchase bill, invoices, ledger account, details of transportation of goods, Lorry receipt showing the evidence that goods were received in the premises of assessee. The Assessing Officer also issued notice under section 133(6) to all the parties/dealers. Notices sent to M/s Manav Impex and M/s Aayushi Enterprises was replied by the dealers stating that they have not done any business with the assessee and that their firm closed during the Assessment Year 2009-10. Notice sent to other three remaining parties were returned back un-served with the remark of postal authorities 'not known'/ 'no such address' or 'Left'. The assessee was issued showcause notice as to why the purchases from all five parties should not be treated as non-genuine. The Assessing Officer recorded that the assessee has not produced any details/documents duri....
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.... purchases. The sales of assessee were not disputed by assessing officer. The sale is not possible in absence of purchase; the total turnover shown by assessee at Rs. 2.56 Crore was duly accepted by Assessing Officer while passing the assessment order under section 143(3) on 17.10.2011. The Assessing Officer in re-assessment proceeding disallowed the 100% of the purchases i.e. Rs. 2.29 Crore. The ld. AR of the assessee further submits that it is beyond the imagination that the sale is possible without purchase of goods. The ld. AR of the assessee further submits that though all documents were furnished during the original assessment that is why the Assessing Officer was satisfied with the explanation furnished by assessee. The ld. AR of the assessee further submits that assessee has filed his affidavit stating therein that his entire record of the firm from Assessment Year 2001-02 to 2010-11 i.e. upto September 2010 was damaged in rainy water. The assessee made a non-cognizable report with the concerned Police Station. The assessee also filed certain photograph and would submit that the assessee filed affidavit before the ld. CIT(A) along with the affidavit and original of non-cogn....
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....essee also appeared in the list of beneficiary who has shown purchases from the parties, who were declared as hawala dealers by Sales Tax Department, Government of Maharashtra. The assessee has shown aggregate purchases of Rs. 2.29 Crore from five such parties. During the assessment proceeding, the Assessing Officer issued notice to the parties, out of which two parties namely M/s Manav Impex and M/s Aayushi Enterprises replied that they have not done any business with assessee. So far as remaining three parties are concerned, the Assessing Officer noted that the notices sent through remaining three parties were returned back as unserved by the postal department with the remark 'not known', 'no such addresses' or 'left'. The Assessing Officer by took his view that assessee has not proved the genuineness of purchases disallowed the 100% o the purchases. The Assessing Officer concluded that the Sales Tax Department, Government of Maharashtra has conducted enquiry which conclusively proved that the parties were engaged in providing accommodation entries. The parties were issuing bills without delivery of any goods. Investigation Wing of Income Tax Department also conducted the enquiri....