2021 (3) TMI 164

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.... the revenue against order dated 30-04-2019 of learned Commissioner of Income-tax (Appeals)-48, Mumbai for the assessment year 2010-11. 2. The dispute in the present appeal is confined to partial relief granted by learned Commissioner of Income-tax (Appeals)-48 in the matter of addition made on account of non genuine purchases. 3. Briefly the facts are, the assessee, a partnership firm, is e....

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.... in support of the purchases made; however, the assessing officer was not convinced. As observed by the assessing officer, notices issued under section 133(6) of the Act to the concerned selling dealers also returned back unserved. Therefore, out of the purchases of Rs. 12,37,674/- the assessing officer treated purchases worth Rs. 10,14,469/- made from Sumit Sales as non genuine and added back to ....

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....rom M/s. Sumit Sales on the reasoning that the assessee was unable to furnish any evidence to prove that purchases, however, as observed by learned Commissioner (Appeals), the Assessing Officer has not disputed that the assessee had effected the corresponding sales. This, in other words, leads to the conclusion that the assessee might have purchased the goods from grey market by suppressing the pr....