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2015 (4) TMI 1080 - AT - Income TaxUnexplained expenditure relating to purchases - Held that:- The assessing officer has made the impugned addition only on the basis of information given by the Sales tax department, he did not make independent enquiry with the sales tax department, the assessee was not given opportunity to cross examine the officials of sales tax department, the evidences furnished by the assessee to prove purchases of sands and its movement were not disproved, the evidences furnished by the assessee to prove the payments made against purchases by way of account payee cheques were also not disproved. Under these set of facts, by following the decision rendered by this bench of Tribunal in the case of Deepak Popatlal Gala (2015 (6) TMI 944 - ITAT MUMBAI ), we uphold the order of Ld CIT(A) on this issue in deleting the addition - Decided in favour of assessee. Adhoc addition from out of purchases - Held that:- Assessing officer has made adhoc addition only on the reasoning that the assessee has failed to furnish the details. The case of the assessee before the Ld.CIT(A) was that he was having all the relevant details. We notice that the first appellate authority has deleted this disallowance without verifying those details. Since this addition was made for want of evidences and details and since the details, if any, available with the assessee were not examined by the tax authorities, we are of the view that this issue requires to be restored to the file of the AO. Accordingly, we set aside the order of Ld CIT(A) on this issue and restore the same to the file of the assessing officer with the direction to examine the same afresh. The assessee is also directed to furnish all the details that may be called for by the AO on this issue. - Decided in favour of revenue for statistical purposes.
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