2020 (10) TMI 877

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.... on account of non-genuine purchases. 3. When the appeal was called for hearing, no one was present on behalf of the respondent assessee to represent the case. There is no application seeking adjournment either. Considering the nature of dispute, we proceed to dispose off the appeal ex-parte qua the assessee after hearing the learned Departmental Representative and on the basis of material available on record. 4. Brief facts are, the assessee, an individual, is engaged in trading of business promotional gift items through his proprietary concern Western Sales Corporation. For the assessment year under dispute, the assessee filed his return of income on 2nd June 2009, declaring total income of Rs. 14,06,960. The return of income was initia....

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....g that the assessee was unable to prove the genuineness of such purchases through proper documentary evidences and further, the notices issued under section 133(6) of the Act were not responded to, the Assessing Officer also disallowed purchases worth Rs. 67,22,680. Being aggrieved with such disallowance, the assessee preferred appeal before the first appellate authority. 5. After considering the submissions of the assessee in the context of the facts and material on record, learned Commissioner (Appeals) restricted the disallowance to 12.5% of the non-genuine purchases. However, he excluded an amount of Rs. 39,88,556, being purchases made from Sharp Print, from being treated as bogus purchase since the concerned party in response to notic....