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2012 (6) TMI 411 - HC - Income TaxPurchases from non-existent firms – bogus transactions in the books of accounts – contention that Section 145(2) were attracted - Held that:- Evidence against the applicant-assessee would show that the whole purchases shown by the applicant-assessee from M/s Raj Kumar Raghbir Kumar were bogus - the copies of the sales tax bills issued to assessee did not inspire any evidence as the bills did not carry any sales tax/Central Sales Tax number nor the telephone number - the said firm was not found to be in existence when inquiry was made by the AO in the year 1989 nor the address of the party was known to the postal authorities - the said firm was not an existing assessee and the applicant-assessee had failed to produce the said party as also their books of account as the truck numbers given by the applicant-assessee were not truck at all but either scooters, motorcycle and mopeds and many other found to be non-existence because no such number had been allotted by the transport authorities - Section 145 have no application to such a situation as the provision deals with cases where AO is not satisfied about 'correctness' and 'completeness' of the accounts of the assessee and not fraudulent or fabricated entry – against assessee.
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