TaxTMI 
TaxTMI 
2017 (8) TMI 1658
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....ree appeals are emanating from same set of facts and similar grounds have been raised by the assessee in all the three appeals assailing the order of Commissioner of Income Tax (Appeals), these appeals are taken up together for adjudication and are disposed of vide this common order. 2. The assessee is an individual and is engaged in trading of steel. On the basis of information received from Sales Tax Department, reassessment proceedings were initiated against the assessee in the impugned assessment years. During the course of reassessment proceedings the assessee did not co-operate with the Assessing Officer and failed to furnish the requisite details and information, therefore, the Assessing Officer was constrained to invoke the provi....
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.... of Income Tax (Appeals) rejected the contentions of assessee and dismissed the appeals for assessment years 2009-10, 2010-11 and 2011-12. Now, the assessee is in second appeal before the Tribunal assailing the findings of First Appellate Authority. 3. Shri S.D. Pathak appearing on behalf of the assessee submitted that the Assessing Officer made addition of the entire purchases made by assessee from the alleged hawala dealers. The Commissioner of Income Tax (Appeals) has confirmed the findings of Assessing Officer in toto. Even if it is presumed that the assessee has made purchases from hawala dealers there cannot be addition of entire bogus purchases. The addition, if any can be made on the basis of GP ratio. The assessee in assessment ....
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....and v) the AO had neither provided copy of materials and statements relied upon by him nor allowed any opportunity to the Appellant to cross examine those parties who have been alleged to have provided the accommodation entries of such purchases. c) In reaching to the conclusion and confirming such addition made by the AO, the Id. CIT(A) omitted to consider relevant factors, considerations, principles and evidences while he was overwhelmed, influenced and prejudiced by irrelevant considerations and factors. d) Without prejudice, the rate or percentage of profit element embedded in such purchases as fixed by the AO and confirmed by the CIT(A) is excessive and unreasonable on the facts of the case. 3. The I....
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....ly defended the findings of Commissioner of Income Tax (Appeals). The ld. DR submitted that the assessee was non-cooperative before the Assessing Officer. No details of purchases made, details of transportation, delivery challan, weightment slips, octroi receipts and goods receipt note showing movement of the goods were produced by assessee either before the Assessing Officer or the Commissioner of Income Tax (Appeals). Ample opportunity was granted by Assessing Officer to furnish stock register and confirmations from the parties. The same were also not filed by the assessee. In the absence of any information the authorities below have rightly made addition of the entire bogus purchases. 5. We have heard the submissions made by the repre....