2017 (12) TMI 1797

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....rtunity and the reasons assigned for doing so are wrong and contrary to the provision of the Income Tax Act and rules made there under. 2. On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in upholding the addition of Rs. 28,47,360/- to the Returned income by treating genuine purchases as ingenuine u/s. 69C of the I. T. Act and the reason assigned for doing so are wrong and contrary to the provision of the Income Tax Act and rules made thereunder. 3. In this case, for the year under consideration, the assessee had claimed purchases at Rs. 86.74 lacs. During the course of assessment proceedings, in order to verify the genuineness of purchases, notices u/s. 133(6) of the Income-tax Act, 1961 were i....

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....ility of information relating to reopening remains un-assailed. In such factual scenario, the assessing officer has made the necessary enquiry. The issue of notice to all the parties have returned unserved. Assessee has not been able to provide any confirmation from any of the party. Assessee has also not been able to produce any of the parties. Necessary evidence relating to transportation of the goods was also not on record. In this factual scenario, it is amply clear that the assessee has obtained bogus purchase bills. Mere preparation of documents for purchases cannot controvert overwhelming evidence that the provider of these bills is bogus and non-existent. 7. The Sales Tax Department in its enquiry has found the parties to be prov....