2017 (6) TMI 912 - AT - Income Tax

Rejection of books of accounts - bogus purchases - Held that - Perused the order passed by the Hon ble Punjab & Haryana High Court in assessee s case for Assessment Year 2008-09 2015 (9) TMI 391 - PUNJAB & HARYANA HIGH COURT . The Ld. AR and Ld. DR both agreed to remand back the matter before the Assessing Officer. It is necessary to produce the PAN Numbers of the respective parties which are now available before the Assessing Officer. The entire issue needs to be look into afresh by the Assessing Officer. Therefore, we are directing the Assessing Officer to decide this issue afresh

Summary

Issues:
1. Rejection of Books of Accounts under section 145(3) of the Income Tax Act, 1961
2. Addition of amount calculated on adhoc basis due to rejection of books of account

Analysis:

1. The appeals were filed against the order confirming the rejection of Books of Accounts under section 145(3) of the Income Tax Act, 1961 and the subsequent disallowance of a specific amount. The case involved the purchase of material by the assessee from certain entities, with subsequent transactions involving payments and withdrawals. The Assessing Officer's inquiries revealed discrepancies in the transactions, leading to doubts about the genuineness of the purchases and vendors involved.

2. The High Court's observations highlighted the need for a more thorough investigation into the genuineness of the transactions and entries in the assessee's books of account. The Court emphasized the importance of considering all relevant evidence, such as PAN numbers, tax payments by vendors, and excise records. The Court also critiqued the Tribunal's findings, pointing out that crucial aspects were overlooked, including the reasoning behind the conclusion of non-genuine purchases and the impact of transactions involving M/s Maa Durga Trading Company.

3. During the proceedings, the parties agreed to remand the matter back to the Assessing Officer for a fresh decision. The Assessing Officer was directed to re-examine the issue, considering all available documents and providing the assessee with a fair opportunity to present their case. The decision to remand the case was made to ensure a comprehensive review of the transactions and to address the discrepancies identified during the initial assessment.

4. Ultimately, the appeals of both the assessee and the Revenue were partly allowed for statistical purposes, indicating that further examination and clarification were necessary to resolve the issues raised in the case. The decision to remand the matter back to the Assessing Officer aimed to achieve a more thorough and fair assessment of the transactions and related issues, emphasizing the importance of a comprehensive review in such matters.