2026 (8) TMI 1253

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....wing grounds of appeal: "1. The Ld. CIT(A) has erred on the facts of the case and in law in confirming the addition made by the AO of Rs. 23,37,804/- on account of Bogus purchase of coal. 2. The Ld. CIT(A) has erred on the facts of the case and in law in holding that opportunity of cross examination is not required in income tax act." 3. The assessee filed return of income for AY 2019-20 on 17.09.2019 declaring total income of Rs. 63,18,400/- under the normal provisions of the Income Tax Act, 1961 (in short "the Act") and book profits of Rs. 30,31,075/-. As per the information regarding the purchase of coal from M/s. Chaniyara Agro Industries Private Limited (belongs to Shree Sandeep Chaniyara Group) of Rs. 23,37,805/-,....

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.... the assessment proceedings. The assessee has also given the confirmation of ledger account of the details in the books of M/s. Chaniyara Agro Industries Private Limited as well as e-way bills before the AO as well as before the CIT(A). All these details were not taken into account either by the AO or by the CIT(A). The assessee has purchased the goods on FOB basis thereby the responsibility of delivery of goods at the premises of the company is of the seller and acknowledged copy of invoice and delivery challan were submitted before the AO. The assessee company has resubmitted e-way bill by downloading from GST portal and the component of GST on the stock which is as per the records. The Ld. AR further submitted that the coal was purchased....

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....andeep Maganbhai Chaniyara and has not commented on the details such as tax invoice, delivery challan, e-way bill, bank statement of the assessee company as well as the details of M/s. Chaniyara Agro Industries Private Limited in consonance with stock register on coal and lignite. The assessee has given the coal expenses per meter of production before the AO as well as before the CIT(A). All the records related to the purchase and the coal trading was before the AO as well as before the CIT(A), but these details were totally ignored by these authorities. The decision relied upon by the Ld. DR in case of Kanak Impex (supra) will not be applicable in assessee's case as there was no doubt raised by the AO related to the accounts of the ass....