9911796707
TMI Blog2020 (1) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... d all the relevant documents like purchase bills, VAT registration of the sellers, C.S.T, bank transaction details etc., which are available in the paper book, therefore the addition is not warranted and cannot be sustained. Therefore, allow both the appeal(s) of assessee and direct the AO to delete the addition(s) made by the AO and confirmed by the ld. CIT(A). - Decided in favour of assessee. - I.TA No.1615/Kol/2019, I.TA No.1616/Kol/2019 - - - Dated:- 20-12-2019 - Shri A. T. Varkey, JM For the Appellant : Shri Pinki Shaw, ACA, ld.AR For the Respondent : Shri Jayanta Khanra, JCIT, ld. Sr.DR ORDER PER SHRI A.T. VARKEY, JM These appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee preferred an appeal before the ld. CIT(A), who was pleased to confirm the same. Aggrieved, the assessee is before us. 4. I have heard both the parties and perused the record. It is noted that the AO has noted that the assessee was engaged in the manufacturing of engineering goods and its income were from said business as well as interest income. The AO based on an information received from the Investigation Wing, that Shri Sanjiv Kr. Singh and his group concerns were indulged in providing accommodation entries through his eight (8) concerns and taking note that the assessee had made purchase transaction with these concerns to the tune of ₹ 34,71,094/- made the addition of G.P @ 8% of total un-disclosed purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2011 (pages 25-44 of the paper book), wherein the details of Cheque Nos./Withdrawals/Deposits is seen and pages 46-48 of paper book acknowledgement slip of VAT Return-14 is found placed. I also note the paper book pages 49-58 of paper book reg: purchase (Input). I note that the AO in his assessment order had reproduced the statement of Shri Sanjiv Kr. Singh, but the AO had not given any opportunity to cross examine him. And not only that deficiency, the AO has neither given any credence to the documents (supra) as filed before him nor has found any fault of it. In such circumstances, I note the decision of the Hon ble Supreme Court of India, in the case of CIT, New Delhi V/s. M/s. Oden Builders P.Ltd [Review Petition ( C ) Diary No. 22394 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cussion in totality, the purchases made by the appellant from M/s Pad mesh Realtors Pvt. Ltd. is found to be acceptable and the consequent disallowance resulting in addition to income made for ₹ 19,39,60,866/-, is directed to be deleted. The ITAT by its judgment dated 16th May, 2014 relied on the self- same reasoning and dismissed the appeal of the revenue. Likewise, the High Court by the impugned judgment dated 5th July, 2017, affirmed the judgments of the CIT and ITAT as concurrent factual findings, which have not been shown to be perverse and, therefore, dismissed the appeal stating that no substantial question of law arises from the impugned order of the ITAT. In these circumstances, the Revi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
