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TMI Blog2011 (1) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... e evidence on record - As per ITAT out of the total addition of Rs.3,37,695, AO was directed to retain the addition of Rs.1,34,569/- only - Order of ITAT sustained - The appeal stands dismissed - ITA No. 785 of 2010 (O&M) - - - Dated:- 12-1-2011 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Mr. Ravi Shanker, Advocate for the appellant. AJAY KUMAR MITTAL, J. 1. Delay in refiling the appeal is condoned. 2. This appeal has been preferred by the assessee under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 19.11.2009 passed by the Income Tax Appellate Tribunal, Chandigarh Bench B , Chandigarh (hereinafter referred to as the Tribunal ), in ITA No. 917/CHAND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal by the assessee, the Tribunal while partly allowing the appeal deleted the addition on account of purchases except an addition of Rs.1,34,569/- on account of purchases from M/s North East Coal Mining. Hence, the present appeal by the assessee. 4. We have heard learned counsel for the appellant. 5. The point for consideration is regarding the allowance of expenditure on purchase of coal from M/s North East Coal Mining. The Assessing Officer had disallowed by holding that the said party could not be traced at the given address. It was also observed that M/s North East Coal Mining was non-existing during the assessment proceedings relating to assessment year 2002-03 as well. This finding of the Assessing Officer was upheld by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wance sustained by the Commissioner of Income-tax (A). The disallowance of Rs.1,34,569/- stated to be purchases of coal effected from M/s North East Coal Mining is hereby sustained. 10. With regard to other three parties, we find that the same did not figure in the verification exercise conducted during the assessment proceedings for the assessment year 2002-03. Even during the year under consideration, the Assessing Officer has not conducted any verification exercise as done in the assessment year 2002-03 with respect to the said three parties. Therefore, under such circumstances, the issue relating to the purchases from the three parties in question cannot be decided in the same light. Ostensibly, the genuineness of purchase made from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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