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2019 (2) TMI 729

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..... o the premises; clearly recorded in the statutory central excise registers RG-1 etc., were sufficient proof to show that the purchases were not bogus. Moreover, the CIT(A) re-apprised all the evidence, unlike the AO, who was largely influenced by the so-called credit entry providers. This Court is of the opinion that having regard to the detailed analysis of the CIT(A), with which the ITAT’s finding concurred, no question of law arises. - Decided against revenue - ITA 111/2019 ITA 122/2019 & CM Appl. 5314/2019 - - - Dated:- 4-2-2019 - MR. S. RAVINDRA BHAT AND MR. PRATEEK JALAN JJ. Appellant Through: Mr. Ruchir Bhatia, Sr. Std. Counsel with Ms. Vibhuti Malhotra, Advocate Respondent Through: None. O R D E R 1. The .....

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..... excise gate passes/records of purchases in the statutory register RG-1 etc. After considering these the CIT(A) was of the opinion that the even though initiation of re-assessment was justified, the addition made in the reassessment proceedings, was not justified. The CIT(A) s reasoning is as follows: The AO has also made a reference to the bank Accounts of these concerns showing cash withdrawal for returning the money to the beneficiaries. In view of these broad findings, the AO reached to the conclusion that the purchases made from these parties are not genuine. The AO however, could not point out any discrepancy in the documents and records, including stock register produced before him. In this case, I find that all the, purchases ar .....

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..... se Act. The production, and it's sale is recorded in the Excise records. All these records were produced and filed before the AO wherein, again no discrepancy has been noticed. All these documents shows the movement of goods from Haryana to Gurgaon factory of the appellant and thereafter issuance for production and ultimately culminating into sales. The Excise records are audited periodically by the Excise Deptt. Purchase also needs to be reported to the VAT Deptt. through VAT returns. The purchases from these parties also stood declared to the VAT Deptt. which after verification, accepted the same. The appellant also filed a certificate from the Production manager alongwith details of production wise clearance which clearly shows that .....

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