2021 (3) TMI 787

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....ax Act 1961, (the 'Act'). 2. The grounds of appeal filed by the Revenue read as under : 1. On the facts and in the circumstances of the case and in law the Ld. CIT(A) has erred in by deleting the addition of Rs. 2,36,717/- made against alleged bogus purchases from M/s Hiten Enterprises. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has failed to appreciate the fact that the onus is on the assessee to explain and substantiate the genuineness and true nature of the purchase transaction. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in not considering the fact that the hawala dealers admitted on oath before sales tax authorities that the....

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....i Hiten Parekh, Proprietor of M/s Hiten Enterprises from whom he claimed to have made the purchases. The AO recorded the statement of Shri Parekh and has produced the relevant portion in his assessment order, which reads as under : "Q. No. 5 As per the information given by the Sales Tax Department, your name is appearing as one of the bogus suppliers. Please state whether your statement was recorded by the Sales tax Officers and you have given statement to that effect? Ans. Yes, the Sales Tax Department has recorded my statement in approximately June, 2010 and I had given a statement that I was indulging in bogus purchases. Q. No. 6 I am showing you your copy of affidavit dated 17.04.2012 wherein you have stated t....

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....itesh and Shri Jatin Shah but this does not show that, the transactions with the appellant company were also bogus considering the details filed and confirmation made by the seller. The A.O has also noted in the assessment order that the appellant was able to correlate the purchases of material with the allocation of raw material and sales of finished goods. In view of the above discussion, I am of the considered opinion that the appellant has led sufficient evidence to establish the genuineness of the purchase transactions made with Hiten Enterprise. Further, the appellant has not contested the addition made in respect of purchases from Raj Traders amounting to Rs. 26,719/-. Therefore, the addition of Rs. 236,717/- made @ 12% of the purcha....