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TMI Blog2022 (9) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... act assesse s own accounts stand admitted by revenue which reflect that the work order with Govt of Jharkhand was source of revenue as shown in the balance sheet of assessee, where the Transport Department of Jhankhand is shown as a debtor - Revenue has accepted the income of assessee and relevant is scheduled at 13 available at page no. 63 of the paper book, being part of the copy of ITR of assessee company, wherein income from sales (E-cheque post), for which purchases were made and sub contracted to M/s. Mettler Toledo India (P) Ltd, has been shown to be Rs. 12,33,81,325/-. Thus, it was unfair on the part of Ld. Tax authorities below to consider the purchases of stocks used for earning this revenue by alleging it as bogus. Therefore, grounds raised are sustained and the appeal is allowed. - ITA No. 947/Del/2017 - - - Dated:- 20-9-2022 - SH. SHAMIM YAHYA , ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA , JUDICIAL MEMBER Assessee by : Shri S. Krishanan , Adv Revenue by : Shri Anuj Garg , Sr. DR ORDER PER ANUBHAV SHARMA , JM : The appeal has been filed by the Assessee against order dated 01.12.2016 in appeal no. Del/CIT(A)-5/0134/2013-14 passed u/s 250 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs. 2.2 Accordingly, a show cause notice dated 21.03.2013 was issued to the assessee to explain as to why purchase invoices procured from the following entities should not be treated as non genuine and bogus and explain as to why the books of accounts should not be rejected within the meaning of section 145(3) of the Act. 3. However Ld. AO being not satisfied of the submissions made addition of Rs. 53,88,909/- and in appeal the same were sustained by Ld. CIT(A) while dismissing the appeal and accordingly the assessee is before this Tribunal raising following grounds :- 1. The Id CIT (A) without appreciating the correct facts of the case is not justified in law and facts and circumstances of the case in confirming the action of ld. assessing officer in disturbing the trading results declared by the appellant company without invoking the provision of section 145(3) of the I.T.Act. 2.The ld. CIT(A) without appreciating the correct facts of the case is not justified in law and facts and circumstances of the case in confirming the addition of Rs. 53,88,909/-/- made by Id assessing officer on account of alleged bogus purchases in the total income of the appellant company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B 96-108) specifically provide for both factors. PB 97 - Platform design criteria - 800 weighment in 24 hours PB 106 - Purchaser s scope specifically requires supply of extra steel items like beams, TMT etc. for further strengthening of EWB s and their foundation, to Mettler Toledo s Bhiwandi Plant. Purchase orders dated 15.09.2009 issued by Assessee specifically provide for 800 weighments per day as well as requirement to supply material parts such as steel beams and TMT bars (PB 109 111). 3 Assessee had not provided any evidence of receiving extra steel items from the three suppliers. Work orders, for supply of steel items with all 3 vendors, featuring at PB 88-95 contain quantitative details matching eventual invoices, and specifically require supply of material directly to Mettler Toledo. When material stood supplied directly by vendors to mettle Toledo, the Assessee would not have documents such as delivery challan lorry receipts. 4 No details of OCTROI were provided confirming supply of steel items. Copies of work order (PB 88-95), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom Government of Jharkhand or the use of allegedly purchased Iron from three black listed firms. It was submitted that Ld. CIT(A) has justified its findings on examination of purchase order given to M/s. Mettler Toledo India Pvt. Ltd. Which does not have any such information or condition under which the extra steel items were to be supplied by the assessee. 7. After giving thoughtful consideration to the matter on record it can be observed that the grounds raised are primarily on the basis that revenue have questioned the genuineness of purchase of TMT bars and Steel from three vendors who are allegedly black listed by the Sales tax department, Mumbai. The Ld. AO had disbelieved the submissions of assessee with following relevant observations : 7. The contention of the assessee is not in accordance with the queries raised vide show cause notice dated 21.03.2013. In the show cause notice the issue was whether the invoices procured from the above three entities were genuine or not. In this regard the assessee should have filed the complete details from the order of purchase to the delivery of goods either at godown or to the destination of sale or to the place where it was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved from the Govt, of Jharkhand during the assessment proceedings. The bills raised by the appellant on the Transport Department does not bear any confirmation or acknowledgement by the Transport Department, Govt, of Jharkhand. The only supporting documents placed are the consignment notes and permits issued by the commercial taxes department of the Govt, of Jharkhand. Without any explanation that the same pertained to Govt, of Jharkhand. No such evidentiary document has been produced and hence, it cannot be confirmed that the said order was indeed place on the assessee. Further, the only material placed by the assessee on record in support of its contention that additional material was to be dispatched to the factory site of M/s Mettler Toledo India (P) Ltd. is the enquiry letter dated 02.07.2009. No purchase order placed on the assessee company or contract or documents/details showing the transportation of purchased material or delivery at the factory site of M/s Mettler Toledo India (P) Ltd. have been furnished The A.O has mentioned that since repeated queries from M/s Mettler Toledo India (P) Ltd. had gone unanswered, this indicates that it is in no position to answer the queri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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