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2014 (9) TMI 100 - AT - Income TaxAssessment u/s 153A - Additions towards Bogus purchases deleted – Held that:- The assessee has been carrying out development activity for Sun city Group of Companies and has on the basis of most of the receipts received from the Sun city Group returned an income of ₹ 6.16 crore odd on 13/9/2008 - the assessee along with Sun city Group of cases was subjected to search u/s 132 on 25/9/2008 proceedings u/s 153A were initiated and in response to notice u/s 153A, the same income was returned by the assessee on 7/9/2009 – AO was of the view that neither the purchases made by M/s Padmesh Realtors is correct nor has anything been sold to the assessee - the statement not confronted of Mrs. Kamini Gupta has no relevance in the absence of any evidence to the contrary - the factum of Padmesh Realtors having been examined in the content of CCD of ₹ 600 crore Deutsche Bank, Singapore has already been in the knowledge of the AO and Investigation Wing - This fact cannot be ignored as the existence was in the know of the department all along the fact coupled with documents of Statutory Authorities; coupled with NOC filed for Registration purposes of Mrs. Kamini Gupta conclude the issue against the Revenue in the absence of any rebuttal on facts and evidence. Availability of go-down facilities – Held that:- Nothing has been placed to show that the person was closely linked either to Kumar Ice Factory or M/s Padmesh Realtors and on the contrary has consistently been described as a stranger by the assessee who has instead placed on record before the AO the correct address of M/s Kumar Ice Factory who had 2000 square meters of area which was allowed by the owner to be used as godown by M/s Padmesh Realtors for their storage of material - the statement of an unconcerned person and enquiry at the wrong address is the only basis of the allegation that M/s Padmesh Realtors did not have godown facilities the same has no relevance in the face of documents issued by Statutory Authorities listed in the impugned order and discussed at length in the earlier part of this order - In the absence of any contrary evidence, we find ourselves unable to come any other conclusion than the conclusion arrived at by the CIT(A). The assessee and the Sun city Group of companies were subjected to search and nothing incriminating except these two documents qua the assessee have been found - The arguments that signatures in invoices appear to be different is not backed by any document in support of the claim - The onus placed upon the assessee stands discharged - a decision is an authority specifically on what it is called upon to decide on the facts available on record as such referring to decisions in order to hold that remand is not warranted in the peculiar facts and circumstances of the case is not necessary as before the said discretion is exercised in revenue's favour there must be some argument or fact on record warranting such a decision - no fact or evidence has been placed on record in order to canvass that facts have not been in correctly appreciated - The documents available on record remain unrebutted – Decided against Revenue.
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