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TMI Blog2024 (3) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... e addition made is liable to be deleted. Appeal of the assessee is allowed. - Dr. B. R. R. Kumar, Accountant Member And Sh. Anubhav Sharma, Judicial Member For the Assessee : Sh. C. S. Anand, CA For the Revenue : Sh. Shyam M. Singh, Sr. DR ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: The present appeal has been filed by the assessee against the order of ld. CIT(A)-I, Noida dated 05.02.2015. 2. Following grounds have been raised by the assessee: 1. On the facts and in the circumstances of the case and in law the Commissioner of Income-tax (Appeals) erred in passing the order without appreciating the submissions of the assessee. 2. The appellant prays that the addition of Rs. 42,90,805/- made by the Assessing Officer on account of bogus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were issued to the parties and Inspector was deputed for enquiry regarding existence of the supplier firms. After detailed spot enquiries the Inspector has reported that the two supplier firms are non-existent on the given address. On perusal of the assessment order I find that the AO has brought on record sufficient material to show that these two supplier firms are bogus and none-existent at the given addresses. This fact was duly confronted to the assessee requiring him to explain and prove the identity and genuineness of the above purchase transactions. Vide order sheet entry dated 07/3/2013 the assessee was specifically asked to either produce both the parties or give correct postal address falling which the impugned purchase would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The assessee deliberately not produced both the parties, which is evident from the reply submitted on 21.03.2013 that on one hand he is giving confirmed copy of account of both the parties but on the hand not producing parties and even not giving the current postal address. 6. The assessee has shown payment of Rs. 9,95,537/- through cheque to M/s Ganpati Trading Co., and shown payment of Rs. 16,85,013/- to M/s Baiaji Enterprises though NEFT on the last day of financial year i.e. 31.03.2010 and balance amount is shown as sundry creditors. Taking all the above into consideration and in the light of AO s finding I am convinced that AO has made enquiries to bring on record sufficient material to challenges the genuineness of the purchases fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suppliers and therefore AO was fully justified in holding the same as bogus purchases made to suppress the profit. Accordingly the addition of Rs. 42,90,805/- made by the AO is upheld. 7. Aggrieved, the assessee filed appeal before the Tribunal. 8. Heard the arguments of both the parties and perused the material available on record. 9. The issues flagged by the ld. CIT(A) are examined with the backdrop of the issue. The bills of both firms are computer generated and prepared on same computer. Nowadays, all the bills are generated from the computers and there was no evidence on record to prove that the bills are prepared on the same computer. Bills Font Design are the same of both the firms. No adverse inference can be drawn on such issue. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age no. 5 of the Assessment Order admitted that the assessee company has produced copies of bills of M/s Ganpati Trading Company and by M/s Balaji Enterprises along with confirmed copies of the ledger accounts. Thus, the confirmations were available before the AO. Further, we have gone through the report of the Inspector with regard to M/s Ganpati Trading Company wherein he met the wife who replied that my husband is running the business of computer but I don t know in detail. She has also provided mobile number of Sh. Ram Prakash to the Inspector. The total export sales was Rs. 1,84,18,698/- and the total purchases of Rs. 42,90,805/- from these two parties only. The AO has treated the entire purchases as bogus while accepting the export sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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