2025 (12) TMI 784

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CIT(A) - 51, Mumbai [hereinafter referred to as "Ld. Commissioner"] u/s 250 of the Income-tax Act, 1961 [hereinafter referred to as "Act"] for the Assessment Year [A.Y.] 2013-14. 2. For brevity, we will decide Revenue's appeal in ITA No. 2268/MUM/2025 first. In the instant case, it is not in dispute that the Assessee before the authorities below has submitted all documents such as vouchers and bills relating to purchases made, ledger accounts etc. and also established that the payments were made through Account payee cheques, however, still the Ld. commissioner held that the contentions of the Assessee as devoid of merit by holding "that since, it is a normal practice in case of accommodation entries that bills and vouchers and Ledger Ac....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....urchases added by Ld. AO, without appreciating the fact that Assessee is one of the beneficiary of bogus purchases from Aadi & Sparsh, the concerns of Rajendra Jain/ Sanjay Choudhry / Dharmi Chand Jain group, Indore in providing accommodation entries in the name of bogus purchases and bogus loans to various beneficiaries. 6. This court observes that the Assessee before the authorities below with regard to the purchases made from the aforesaid parties, has filed the following documents. Aadi Impex Sparsh Exports Private limited i. Acknowledgment of return of income of Anup Jain (Proprietor) for A.Y. 2013-14 and 2014-15 (i) Acknowledgement of return of income for A.Υ. 2013-14 and 2014-15 ii. Bills issued to the asses....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Written submission filed before the learned CIT(A) 7. And therefore, the Assessee by producing above documents has duly discharged its prima facie onus cast u/s 68 of the Act. This court, further, observe that Hon'ble co-ordinate bench of the tribunal at Mumbai in the case of Chandra Exports vs. ITO (ITA No.4444/Mum/2018) decided on 28th Feb, 2019 has also considered the identical purchases made from Aadi & Sparsh and ultimately deleted the addition restricted by the Ld. commissioner to the extent of 3% of purchases. 8. From the aforesaid analyzations, it goes to show that the Assessee has been able to establish its prima facie onus and also claimed before the authorities below that persons who made the statements qua accommodation e....