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2009 (1) TMI 855 - HC - Income TaxAddition u/s. 68 - Bogus purchases - Tribunal upheld the order of the CIT (A) deleting the addition made by AO - revenue contended that order of the Tribunal on the ground that the deletion of addition was perverse - HELD THAT:- Tribunal made a particular note of the fact that the statement of Sh. Ashok Kumar who is the brother of Sh. T.R. Chadda, the source from which the revenue had received information about bogus purchases by the assessee had evidently made a statement on 26-2-2002 admitting therein that he was carrying on the business of issuing bogus accommodation bills on commission basis with the assessee; which was not put to the assessee, for rebuttal or cross-examination. Ld counsel for the revenue had laid great stress on the fact that the Department had carried out investigation which revealed that purchases have been made from non-existent parties and this was established by virtue of the fact that inquiries with the banks of the suppliers had revealed that they were operated by Sh. Ashok Kumar, who was the brother of Sh. T.R. Chadda or his employees. We note that this aspect of the matter was obviously not put to the assessee as this was not part of the report which the inspector had prepared for the perusal of AO. Therefore, this submission of the counsel for the revenue cannot in our view take his case any further. As a matter of fact, CIT(A) orders the evidence regarding Sh. T.R. Chadda’s operation collected by the investigating wing was not even available with AO. In view of the findings of fact returned by two authorities below which are not perverse, no question of law, much less a substantial question of law arises for our consideration. Appeal is dismissed.
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