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TMI Blog2022 (11) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... nate bench vide order dated 07/09/2020 on the ground of low tax effect. Thereafter, the matter was recalled in MA No.159/Mum/2021 vide order dated 29/04/2022 at the instance of Revenue that the same would be covered by the exception provided under paragraph 10(e) of the CBDT circular No.17 of 2019 dated 08/08/2019. Thus, the matter again came up for consideration on merits. 3. The solitary ground involved in this appeal is that the Ld.CIT(A) has erred in deleting the disallowance of purchases from V3 Enterprises made by the Assessing Officer. 4. The brief facts are that the assessee is engaged in manufacturing and installation of cold rolling mills, galvanizing lines, colour coating lines, tension levelling lines, skin pass mills, acid re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lied on the decision of Hon'ble jurisdictional High Court in the case of CIT vs Nikunj Eximp Enterprises (P) Ltd 372 ITR 619 (Bom). Aggrieved by this, the Revenue is in appeal before us on the ground of deletion of disallowance of purchases from V3 Enterprises. 5. The Ld.DR contended that the assessee's case was reopened subsequent to the assessment order passed under section 143(3) on the basis of information received from Investigation Wing that M/s V3 Enterprises with whom the assessee had transaction with, was appearing in the list of non genuine dealers in the website of sales-tax department, Government of Maharashtra. The Ld.DR further stated that M/s V3 Enterprises was involved in issuing bogus sales invoices and that they were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ials on record, we are of the considered opinion that the assessee has purchased M.S. plates from various dealers out of which M/s V3 Enterprises was alleged to be an accommodation entry provider. It is evident from the record that the assessee has furnished the details of the suppliers along with their addresses and the price quoted for the materials purchased. The only contention of the department is that the alleged dealer's name appeared in the website of salestax department, Government of Maharashtra to be non genuine dealer. Apart from this, the Assessing Officer has not shown any corroborative evidences to prove that the said transaction is only a bogus transaction for the purpose of providing accommodation entry. The assessee, on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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