TaxTMI 
TaxTMI 
2023 (1) TMI 818
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....T(A) has erred in law and on facts in upholding the disallowance of 100% of the alleged bogus purchases amounting to Rs.125,60,620 ignoring the plethora of evidence placed on record mainly on the basis that the vendors did not appear before the authorities below. 3. BECAUSE the CIT(A) has erred in upholding the disallowance ignoring relevant documents like the bank certificate and the certificate of the civil engineer along with affidavit of the site supervisor. 4. BECAUSE the CIT(A) has erred in law and on facts in upholding the disallowance on the basis of certain so-called affidavits before the sales tax authorities, none of which were provided to the Appellant during the course of proceedings before the authorities below. 5. BECAU....
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....nd he submitted a copy of certificate issue by Greater Bank. The assessee further submitted that all the payments were made by account payee cheques only. The assessee has also submitted the summary of quantity wise material consumed in construction of the project. The assessee has also furnished certificate from the civil engineer, who has certified the construction work showing the quantity of total consumption of steel and cement in the project. The A.O has not agreed with the submission of the assessee and stated that it has been established by the Sale Tax Department that the parties from whom the purchases were made by the assessee were bogus. Therefore, the A.O has disallowed the amount of Rs.1,25,60,620/- as purchases made from the ....
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.....1,25,60,620/- in respect of purchases made from 5 parties as referred above were made by the A.O on the ground that sales tax department has treated these as bogus. The assessee submitted before the lower authorities that the said expense were capitalized in work in progress of Rs.3,44,85,729/- as on 31.03.2011. The assessee has also submitted the copies of ledger account of the 5 parties, copy of bank statement showing payment made by account payee cheques certificate from civil engineer and site engineer etc. and submitted that without disproving these material the A.O has made the addition on the basis of information displayed on the website of the sale tax department. After taking into consideration the above facts and material on reco....