2024 (2) TMI 112

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....celess Appeal Centre, Delhi, ["learned CIT(A)"], for the assessment years 2009-10 and 2010-11. 2. Since the assessee has raised similar grounds in both appeals, therefore the grounds raised in ITA no.3080/Mum./2023 are reproduced for reference:- "1. The order dated 16/08/2023 bearing No.ITBA/NFAC/S/250/2023-24/1055144331[1] Passed under section 250 of Income Tax Act. 1961 by the Hon'ble CIT[Appeal], National Faceless Appeal Centre [NFAC], Delhi, is unreasonable, arbitrary, against the provisions of Income Tax Act, 1961 and therefore liable to be quashed. 2. On the facts and in circumstance of the case and in law, the Hon'ble CIT[A] has erred in Confirming the addition at the rate 10% of the suspicious purchases ....

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.... return of income and ledger account and copies of the profit and loss account and balance sheet. The assessee submitted that the purchases are genuine and submitted copies of the ledger account in respect of these suppliers. It was also submitted that the assessee is a civil contractor and the materials purchased were used in the civil construction work. It was also submitted that the payments to the parties have been made by account payee cheque and the bank account statements were also furnished. 4. The Assessing Officer ("AO") vide assessment orders passed under section 143(3) read with 147 of the Act did not agree with the submissions of the assessee and held that the person from whom the assessee is claiming to have purchased goods....

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....-11, respectively. It is the claim of the assessee that it is in the business of construction contracts and the invoices were raised by these parties in respect of building materials which were used by the assessee in the construction activity undertaken by it. Further, it is the claim of the assessee that all the payments were made by account payee cheque. However, we find that before the lower authorities, the assessee was neither able to produce the parties nor could furnish the documents as directed by the AO. Even before us, no such details are available on record. Therefore, from the material available on record it is evident that the assessee has failed to prove the genuineness of the purchases made from the supplier. However, at the....