2025 (8) TMI 1514

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....appeal preferred by the Revenue against the order of the National Faceless Appeal Centre, Delhi [the learned CIT (A)] (hereinafter referred to as the "Ld. CIT(A)"] dated 28.02.2025 for the AY 2021-22. 2. The only issue raised by the revenue is against the deletion of addition of Rs.4,98,11,922/- by the Learned CIT (A), NFAC as made by the Learned AO under section 69C read with section 115 BBE o....

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....treated the said purchases as unproved and unsubstantiated purchases and added the same to the income of the assessee. 2.2. In the appellate proceedings, the Learned CIT (A) allowed the appeal of the assessee by observing that the assessee submitted all the evidences qua the said purchases comprising the ledger accounts along with the copy of invoices. The Learned CIT (A) also noted that AO has....

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....luding invoices, payment details, accounting records, then the onus shift to the revenue to prove the transactions as non-genuine. Similarly, in the case of Dash CIT vs. Nikunj Eximp Enterprises [(2013) 216 Taxman 171 (Bom)], the Hon'ble Court has held that where sales are not disputed and the payments have been made through banking channels, the disallowance of corresponding purchases are unj....

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....A) in the appellate proceeding has called for remand report from the AO. The AO did not file any remand report despite the CIT (A) specifically asking the AO to submit the remand report. 2.4. We note that the assessee upon direction of the CIT (A) have furnished all the evidences before the AO and the Learned CIT (A) after examination and appreciation of the same allowed the appeal of the asses....