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TMI Blog2015 (10) TMI 1014X X X X Extracts X X X X X X X X Extracts X X X X ..... ite of notice as issued, the Respondent had not complied with the same. This has been negatived by the order of the CIT(A) and this finding not been accepted by the Revenue as it has not challenged it before the Tribunal. Besides, the order of the Assessing Officer itself records the fact that the Chartered Accountant of the Respondent did attend the office of the Assessing Officer for a hearing on 12th February, 2009 and the same was adjourned to 26th February, 2009. Thereafter, again attended on 22nd October, 2009. The finding rendered by the Tribunal on the appraisal of the evidence led by the Respondent-Assessee before the authorities, is possible view. This finding has not been shown perverse and/or arbitrary in any manner. Thus, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal, the Tribunal by its order dated 19th May, 2008 set aside the order of the lower authorities and restored the entire issue to the Assessing Officer. This remand was with a direction to consider and verify the additional evidence which was produced before the Tribunal and decide the genuineness of the purchases. 5. The Assessing Officer by his order dated 24th November, 2009 passed on remand by the Tribunal upheld the disallowance of purchase of ₹ 82.84 lakhs merely on the basis that the Respondent-Assessee had complied with the hearing notice. This without having examined the evidence led by the Respondent-Assessee to prove the genuineness of the purchases. In the result, the purchase from all the four parties of ₹ 82. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account payee cheques were already produced. The impugned order further observes as under:- The other evidences like sales tax registration certificate and confirmation of accounts by the said parties also prima facie proves the identity of the purchaser. The assessee has also produced copies of purchase invoices and also the entire quantitative details with regard to the purchase and corresponding exports made by the assessee. In this case, the Assessing Officer has duly accepted the sales/ export turnover and also the gross profit rate. This, inter alia means that the assessee must have made purchases during the year under consideration for which there is corresponding sales. Once the gross profit which is the balancing figure of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses corresponding to the export made out of these purchases produced before the Assessing Officer. The Assessing Officer in his order of assessment has not examined any of these evidences but has merely proceeded on the basis that in spite of notice as issued, the Respondent had not complied with the same. This has been negatived by the order of the CIT(A) and this finding not been accepted by the Revenue as it has not challenged it before the Tribunal. Besides, the order of the Assessing Officer itself records the fact that the Chartered Accountant of the Respondent did attend the office of the Assessing Officer for a hearing on 12th February, 2009 and the same was adjourned to 26th February, 2009. Thereafter, again attended on 22nd Octobe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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