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Issues involved: Alleged non-genuine purchases of color and chemicals, reliance on statement of a third party without confrontation, validity of addition by Assessing Officer.
Summary: Issue 1: Alleged non-genuine purchases The Appellate Tribunal ITAT Ahmedabad heard an appeal regarding alleged non-genuine purchases of color and chemicals by the Assessee Company. The Assessing Officer issued notices under section 133(6) to verify the purchases from two parties, Nalanda Corporation and Neha Synthetics, who did not respond. It was revealed that a person named Rohit Panwala was involved in issuing bogus bills for color and chemicals. The Tribunal noted previous decisions where additions based solely on Rohit Panwala's statement were deemed unjustified. Citing lack of concrete evidence, the Tribunal deleted the addition, following the precedent set by similar cases. Issue 2: Reliance on third party statement The appeal also challenged the reliance on Rohit Panwala's statement without confrontation. The Tribunal, based on previous rulings, emphasized the need for substantial evidence to support such additions. As the Tribunal consistently held that additions cannot be made solely on the basis of a third party's statement, the addition in this case was deemed unsustainable and subsequently deleted. Issue 3: Validity of Assessing Officer's addition The Assessing Officer's addition was contested by the Assessee, highlighting the Tribunal's consistent stance against additions based solely on statements like Rohit Panwala's. Given the lack of concrete evidence supporting the addition, the Tribunal ruled in favor of the Assessee and allowed the appeal. In conclusion, the Appellate Tribunal ITAT Ahmedabad, in the absence of substantial evidence, deleted the addition made by the Assessing Officer, emphasizing the importance of concrete proof in such cases. The appeal filed by the Assessee was allowed based on the Tribunal's consistent interpretation of the law.
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