2010 (1) TMI 740 - HC - Income Tax

Bogus purchases - payments were made through cheques issued by the assessee firm - Held that - assessee has made genuine purchases, Appeals dismissed

Summary

Issues:
1. Dispute over the genuineness of purchases made by the assessee from a specific party.
2. Assessment of the addition made on account of alleged bogus purchases.
3. Interpretation of the findings of fact by the Appellate Tribunal.

Analysis:
1. The Commissioner of Income-Tax filed two appeals regarding the assessment year 2001-02, questioning the genuineness of purchases made by the assessee from M/s. Padmavati Sugar Candy Works. The Assessing Officer treated these purchases as bogus, leading to a dispute. The CIT Appeals partially disallowed the purchases, relying on a previous decision by the Appellate Tribunal. Both the revenue and the assessee appealed to the Tribunal.

2. The Tribunal found that all payments for the purchases were made through cheques issued by the assessee and credited by M/s. Padmavati Sugar Candy Works. Despite the Assessing Officer's attempts to verify the purchases, including examining the proprietor and reviewing bank statements, the Tribunal concluded that the purchases were genuine. The Tribunal emphasized that the transactions were conducted through proper banking channels, leading to the conversion of sugar into various products for wholesale distribution.

3. The High Court, in its judgment, noted that the Tribunal's findings were factual and did not raise any substantial question of law. Therefore, the Court dismissed both appeals, affirming the Tribunal's decision regarding the genuineness of the purchases. The Court's decision highlighted the importance of factual determinations made by the Tribunal in such cases, emphasizing the use of proper banking transactions as evidence of genuine business activities.