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2015 (3) TMI 1116 - ITAT MUMBAI
Unexplained expenditure made u/s 69C - CIT(A) deleted the addition - Held that:- AO was not justified in making the addition on the basis of statements given by the third parties before the Sales Tax Department, without conducting any other investigation
It has to be appreciated that (i)Payments were through banking channel and by Cheque,(ii) Notices coming back, does not mean , those Parties are bogus, they are just denying their business to avoid sales tax/VAT etc, (iii) Statement by third parties cannot be concluded adversely in isolation and wi thout corroborating evidences against appel lant ,(iv) No cross examination has been offered by AO to the appel lant to cross examine the relevant parties (who are deemed to be wi tness or approver being used by AO against the appel lant) whose name appear in the websi te www.mahavat.gov. in and (v) Fai lure to produce parties cannot be treated adversely against appellant. - Decided in favour of assessee