TaxTMI 
TaxTMI 
2019 (8) TMI 1202
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.... of ex-parte assessment order passed under section 144 r/w section 147 of the Act as well as on the merits of the addition made of Rs. 42,11,333, on account of non-genuine purchases. In addition, the assessee has raised additional grounds challenging the validity of re-opening of assessment under section 147 of the Act. 3. Brief facts are, the assessee is an individual engaged in the business of construction activity through his proprietary concern M/s. Sachin Construction. For the assessment year under dispute, the assessee filed his return of income on 29th September 2011, declaring total income of Rs. 71,16,370. The return of income filed by the assessee was processed under section 143(1) of the Act. Subsequently, on the basis of infor....
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....ng of the view that the entire purchases shown by the assessee is not genuine, learned Commissioner (Appeals) issued notices for enhancement of income and after considering the submissions of the assessee, made further addition of Rs. 206,38,499. 5. The learned Authorised Representative submitted, due to unavoidable circumstances, the assessee could not appear and furnish supporting evidences before the Assessing Officer to prove the purchases which resulted in a best judgment assessment. Further, he submitted, learned Commissioner (Appeals) without properly appreciating the facts has enhanced the income by an amount of Rs. 2,06,38,499, disallowing all the purchases shown by the assessee. The learned Authorised Representative submitted, si....
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.... prove the genuineness of purchases made during the year, learned Commissioner (Appeals) was justified in enhancing the income of the assessee by disallowing the purchases. He submitted, the assessee has not proved with supporting evidence why such huge purchase of steel was required and how it was utilized. Thus, he submitted, the addition made should be sustained. 8. We have considered rival submissions and perused the material on record. Undisputedly, in assessee's case there was no scrutiny assessment earlier and the return of income filed by the assessee was only processed under section 143(1) of the Act. Subsequently, material came to the possession of the Assessing Officer indicating that the assessee had availed accommodation entri....
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....r statistical purposes. ITA no.6652/Mum./2017 10. This appeal is against imposition of penalty under section 271(1)(c) of the Act. 11. As could be seen from the facts on record, on the basis of additions made on account of non-genuine purchases, the Assessing Officer initiated proceedings for imposition of penalty under section 271(1)(c) of the Act and ultimately passed order imposing penalty under section 271(1)(c) of the Act. Learned Commissioner (Appeals) also sustained the penalty imposed by the Assessing Officer. 12. While deciding assessee's quantum appeal in ITA no.4311/Mum./ 2017, hereinbefore, we have restored the issue relating to the addition made on account of non-genuine purchases to the Assessing Officer for de novo adjudi....