2017 (8) TMI 1667

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....wan Singh, Judicial Member : This appeal by the assessee u/s. 253 of the I T Act, is directed against the order of the CIT(A)-37, Mumbai, dated 13.12.2016 for A Y 2009-10. The assessee has raised the following grounds of appeal: "1. On the facts, and in circumstances of the case, and in law, learned Commissioner of Income-tax (Appeal) erred in upholding action of the Assessing Officer ....

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....es. The said addition was made on estimate basis. The Assessing Officer issued notice u/s. 274 r.w.s. 271(1)(c) of the Act on 12.03.2015. The assessee vide its reply dated 07.08.2015, stated that it has produced various documents like invoices issued by the supplier, ledger accounts, bank statements to show that payments have been made by cheques. It also stated that its books of accounts were als....

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....s not filed in the quantum assessment would not amount to acceptance of the addition made on account of bogus purchases. In support of his contention, the learned AR relied on the decisions of Mumbai Benches of this Tribunal dated 7th May 2010, in the case of M/s. Chempure vs. ITO in ITA Nos. 451, 452 & 453/Mum/2006 & order dated 02.05.2017 in the case of Earthmoving Equipment Service Corporation ....

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.... the DGIT (Investigation) that during the impugned assessment year, the assessee made purchases from the dealers, who were shown as hawala dealers in the website of the Sales tax Department of State of Maharashtra. During the course of assessment proceedings, the Assessing Officer noticed that the assessee has made purchases amounting to Rs. 23,19,151/- from four parties viz. Nisha Enterprise, Dha....