2020 (11) TMI 932

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.... Revenue : Shri Vinod Kumar ORDER PER M. BALAGANESH (A.M): This appeal in ITA Nos.1305/Mum/2018, 1382/Mum/2018, 1304/Mum/2018 for A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-48, Mumbai in appeal No.CIT(A)-48/IT-194/DCCC-2(3)/2015-16 & CIT(A)-48/IT-193/DCCC-2(3)/2015-16 respectively dated 15/12/2017 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) rws 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/03/2015 by the ld. Dy. Commissioner of Income Tax-CC-2(3)(hereinafter referred to as ld. AO). 2. The grounds raised by the assessee challenging the validity of reopening of assessment and with regard to non-granting of opportunity of cross examinat....

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.... prove the genuineness of the purchases. The ld. AO issued notice u/s.133(6) of the Act to the concerned suppliers, for which, as alleged by the ld. AO, no reply was received. We find that the ld. AO had also directed the assessee to produce the concerned parties which was not done by the assessee. Accordingly, the ld. AO concluded that assessee could not prove the genuineness of the purchases with supporting evidences and proceeded to treat the purchase made from the tainted suppliers amounting to Rs. 12,17,90,776/- as unexplained expenditure u/s.69C of the Act by observing that assessee had made purchases from grey market and source of payments for the same remain unexplained. It is pertinent to note that the ld. AO had in para 8 of his a....