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TMI Blog2018 (6) TMI 1539X X X X Extracts X X X X X X X X Extracts X X X X ..... the factum of purchase. Thus, we deleted the addition made and allow this ground of the assessee. There is no application of mind by the Assessing Officer in the case on hand. The socalled confessions by Hawla agents are not in the record of the assessing officer either at the time of recording reasons for reopening or at the time of assessment. Thus the reopening of assessment is bad in law. Hence the ground of the assessee is allowed. - I.T.A No. 1028/Kol/2017 - - - Dated:- 27-6-2018 - Shri J.Sudhakar Reddy, AM For the Appellant : Shri Sunil Surana, Advocate For the Revenue : Shri Amitava Bhattacharya, Addl. CIT ORDER This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is order that, the assessee had made purchases of all the Bearing in question and it could have been a case where the purchases have been made from different parties and whereas the bills were obtained from hawla dealers in Mumbai. He took this Bench through the various evidences filed by the assessee including bills, payment by account payee cheques, delivery details and corresponding sales and the receipts of sale proceeds. He further pointed out that a mistake was committed by the assessing officer while discussing a particular challan S/08-09-832, which was mentioned in the computer generated tax invoice as 832 and argued that there is no change in the invoice no. 4. The ld. DR Mr. Amitava Bhattacharya on the other hand opposed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebsite of the Department of Sales Tax, Govt. of Maharashtra, wherein a list of alleged hawla dealers was put up. The assessing officer stated that the assessee s claim that, it has maintained stock register, is not correct and that the closing stock was specifically ascertained and valued at the end of the year. At the same time, he mentioned in his order that the maintenance of stock register would not be sufficient to prove the claim of the assessee. He also states that stock movement as per details in this case, and some purchase bills, do not prove that the purchases have actually been made. At page 6 of his order, the AO states as follows: It is not been doubted that the goods sold by the assessee have not been purchases at all. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were made against the issue of false bills without delivery of goods, as said to have been stated in the official website of Department of Sales Tax, Govt. of Maharasthra. No further evidences is available with the assessing officer. The assessing officer issued letter to the suppliers and these letters were returned with comments unknown . Return of the letters does not by itself take us to a conclusion that the purchases are bogus. The mistake that the assessing officer committed was at page 6 of his order. He doubted the tax invoice number mentioned in the case of Omkar Metal and Alloys Corporation Ltd. In fact there is no difference at all. Merely relying as some publication in the website of the Maharashtra Sales Tax authorities fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /o Sri. S.M. Daga 11, Clive Row, Room No. 2 .z-. Fir. Kolkata- 700001. Sir. Sub: Recorded Reasons for Reopening in the case of Greatwall Marketing (P) Ltd. for Asst. Yr. 02-03 Ref: Your letter dated 02/04/09 Please refer to the above. As per information received from investigation wing New Delhi the introduced share capital during the year. had been received from corporate bodies which are non existent and whose capacity to invest ( credit worthiness ) could not be established . Therefore I have reasons to believe that unexplained cash credit had been introduced in your books of accounts in the name of introduction of share capital and receipt of share application money. In absence of satisfactory identity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of M/s. Controlla Electrotech (P)Ltd vs DCIT in ITA Nos.1443 1444/Kol/2014 wherein on identical facts the Tribunal was pleased to quash the reassessment proceedings. On merits the learned counsel for the assessee relied on the order of CIT(A). 9. We have given a careful consideration of the submissions made by the learned counsel for the assessee. It is clear from the reasons recorded by the AO that the AO acted only on the basis of a letter received from Investigation Wing , New Delhi. The reasons recorded does not give as to who has given the bogus entries to the assessee. The reasons recorded also does not mention as to on which dates and through which mode the bogus entries were made by the assessee. The reasons recorded wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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