2011 (6) TMI 1022

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....ground that the purchases are bogus purchases, as identity of the party has not been established. 3. Learned counsel for the assessee Miss. Renu Choudhary did not press ground No. 2&3, which pertain to adhoc disallowance, for the reason that the amounts are small. Thus, we dismiss ground No. 2&3. 4. On ground No. 1 learned CIT(A) held as follows :- "2.1 This relates to addition made of Rs. 1,18,130/- on account of purchases treated as bogus. The Assessing Officer issued notices u/s. 133(6) to verify purchases made by the appellant from various parties. Out of them, one sent to M/s. Venus Lubricants returned unserved. The Assessing Officer sent another notice to the said party at the changed address provided by the appellant. ....

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....ledger account copy of M/s. Venus Lubricants as well as copy of bills and invoices issued by M/s. Venus Lubricants on various dates as well as statement of State Bank of India evidencing payment to M/s. Venus Lubricants, through banking channel. It was submitted that the assessee had furnished, a fresh address of M/s. Venus Lubricants to the Assessing Officer and just because the Assessing Officer sent a notice which was returned, it cannot be concluded that as M/s. Venus Lubricants does not exist. Miss Renu Choudhary vehemently contended that, the assessee has done every thing possible under its control to furnish evidence such as cross cheque payments, bills and invoices for M/s. Venus Lubricants wherein their sales tax numbers of both an....

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....hat the assessee should have produced the party to prove the purchases and that mere payment through banking channel does not make the purchases genuine. 7. Rival contentions were heard. On carefully consideration of the facts and circumstances of the case, perusal of the papers on record and orders of the authorities below as well as case laws cited, we hold as follows- The assessee in this case has furnished Central Sales Tax registration Number, State Sales tax registration number as well as telephone number and fax number of M/s. Venus Lubricants. Bills and invoices issued by the M/s. Venus Lubricants have been produced before the Assessing Officer. Payments have been made through cross cheques and same were cleared through banking c....