2023 (9) TMI 974

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..... e, Delhi, ["learned CIT(A)"], which in turn arose from the separate penalty orders passed under section 271(1)(c) of the Act. 2. When these appeals were called for hearing neither anyone appeared on behalf of the assessee nor was any application seeking adjournment filed, despite service of the notice of hearing. Therefore, in view of the above, we proceed to dispose off the present appeals ex-parte, qua the assessee after hearing the learned Departmental Representative ("learned DR") and based on the material available on record. 3. The only dispute raised by the assessee in both appeals is against the levy of penalty under section 271(1)(c) of the Act. 4. Since both appeals pertain to the same assessee involving a similar issue arising .....

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..... dated 31/12/2015 passed under section 143(3) of the Act by referring to the material provided by the Sales Tax Department came to the conclusion that the assessee has been unable to give any convincing or cogent explanation as to how these goods come in his possession. Since the purchase rate as mentioned in the suppliers' sales invoices was not accepted, the AO rejected the books of accounts as provided in section 145(3) of the Act. Further, since there cannot be any sales without purchases and the sales were claimed as genuine, the AO came to the conclusion that the assessee was actually in possession of goods from some other suppliers. Accordingly, the AO treated the bogus purchase bills amounting to Rs. 54,14,625 as unexplained expendit .....

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..... terial being available on record, we are of the considered view that the impugned order passed by the learned CIT(A) requires no interference and, therefore, is upheld. Accordingly, the ground raised by the assessee is dismissed. 9. In the result, the appeal by the assessee is dismissed. ITA No. 1567/Mum/2023 Assessee's appeal-A.Y. 2011-12 10. We find that in the assessment year 2011-12 also the AO on the basis of information received from the DGIT (Investigation), Mumbai regarding the information received from the Sales Tax Department, Government of Maharashtra that certain parties are indulged in issuing bogus bills without delivering any goods or material and the assessee is one of the beneficiaries of the bogus purchase bills, init .....

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