2011 (4) TMI 283 - HC - Income Tax

Disallowance - Bogus Purchase - Regarding non-traceability of the said parties - The matter filed by the assessee has been dismissed by this Court in Vidya Sagar Prop. M/s Fine Bricks Vs. Commissioner of Income Tax, Karnal (2011 -TMI - 205088 - PUNJAB AND HARYANA HIGH COURT)- Accordingly the appeal is dismissed

Summary

Issues:
1. Disallowance of expenditure on purchase of coal from three parties based on non-traceability and cash purchases.
2. Disallowance of expenditure on purchases of coal based on a delayed report after four years.

Issue 1: Disallowance of expenditure on purchase of coal from three parties based on non-traceability and cash purchases:
The appellant filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal. The main contention was the disallowance of expenditure on coal purchases from three parties due to non-traceability, relying on a report from a different assessment year. The appellant argued that the purchases were made in cash, and the existence of the parties was not doubted by the Assessing Officer. However, the court noted that a similar matter had been dismissed previously, indicating no substantial question of law. Consequently, the appeal was dismissed.

Issue 2: Disallowance of expenditure on purchases of coal based on a delayed report after four years:
Another substantial question of law raised in the appeal was the disallowance of expenditure on coal purchases based on a report issued after a significant delay of four years from the relevant assessment year. The court considered the delay in conducting the enquiry and issuing the report. However, given the dismissal of a similar matter previously, the court found no new substantial question of law. Consequently, the appeal was dismissed.

In summary, the High Court dismissed the appeal filed by the assessee under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal. The issues revolved around the disallowance of expenditure on coal purchases from three parties due to non-traceability and cash purchases, as well as the disallowance based on a delayed report issued after four years. The court found no new substantial questions of law in either issue, leading to the dismissal of the appeal.