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2018 (3) TMI 1839

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....the assessee is engaged in the business of builder and developer. During the course of assessment proceedings, the Assessing Officer found that the assessee firm had made purchases of materials from various dealers which were included in work-in-progress account and hence not claimed as expenditure in the profit & loss account. However, the Assessing Officer, on the basis of the information received from the Sales Tax department treated these parties as having been engaged in the activity of merely issuing bills without actual delivery of goods, accordingly added entire amount of such purchases in assessee's income. 3. By the impugned order CIT(A) restricted the addition of bogus purchases to the extent of Rs. 64,95,711/-. Against this or....

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....ximp Enterprises (P.) Ltd. [2015] 372 ITR 619 (Bom.). The Assessing Officer had not provided the opportunity of cross examining Shn. Chandrakant Dherai, on whose statement reliance was placed. Further, the said party was a MVAT defaulter and accordingly to avoid the consequences of default may have given such a statement. Reliance in this regard was placed on the decision in the case of CIT v. M/s. Ashish International (ITA no. 4299 of 2009) (Bom.) and H.R. Mehta v. ACIT [2016] 387 ITR 561 (Bom.) 7. As per learned AR, Section 48(5) of MVAT Act shifts the burden of paying MVAT to the purchaser of goods on the seller giving such a deposition of issuing bogus bills. He accordingly submitted that the statement of VAT defaulters who are saving....

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....received from the sales tax department. The AO issued notices u/s. 133(6) which were returned unserved. In response to notice issued u/s.133(6), during the first appellate proceeding, the assessee had submitted following additional evidences (refer page 74 to 146 of the Paper Book) on 06-08-2014. * Copy of architect 's certificate certifying the consumption of material * Quantitative details of material purchased. 12. The additional evidences were forwarded by CIT(A) to AO on 13.08.2014 and report was called for before 29.08.2014. Reminders dated 13.01.2015 and 14.12.2015 were also sent by the Id. CIT(A). However, no remand report was received till the date of order of the Id. CIT(A). 13. By the impugned order, CIT(A) restrict....