2023 (10) TMI 1144

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....e under Section 142(1) of the Act was issued. 2. During the course of the assessment under Section 158BC of the Act, the Assessing Officer ("AO") disallowed payment made to M/s. Intercontinental Shipping ("ICS") and M/s. Timmy's Transport ("TT") amounting to Rs. 1,58,70,839/- and Rs. 97,85,849/- respectively. The AO also disallowed payment of Rs. 50,82,009/- made to one Blue Ocean Marketing Private Limited alleging that it was a case of bogus billing. The AO also disallowed a sum of Rs. 5,70,995/- alleging bogus bills taken by assessee from one M/s. Sai Om Labour. An assessment order dated 31st August 2008 came to be passed assessing total income at Rs. 4,53,74,768/-. Being aggrieved, assessee preferred an appeal before the Commissione....

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....circumstances of the case and in law, the Hon'ble ITAT has erred in dismissing the appeal of Revenue and thereby allowing an amount of Rs. 50,82,009/- on account of bogus bills taken by the assessee from M/s. Blue Ocean Marketing Pvt Ltd. without independently deciding on merits the facts that Blue Ocean Marketing did not exist and also the assessee failed to produce the party before the AO. d) Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT has erred in dismissing the appeal of Revenue and thereby in allowing an amount of Rs. 5,70,995/- on account of bogus bills taken by the assessee from M/s. Sai Om Labour without independently deciding on merits the facts that Sai Om Labour did not exist and als....