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2015 (10) TMI 1014 - HC - Income TaxBogus purchases - Tribunal came to the conclusion that the purchases made from the four parties were genuine whereas both the AO and the CIT(A) had come to the conclusion otherwise - Held that:- Tribunal in the impugned order has considered various evidences in the form of Sales Tax Registration Certificate and the PAN number of the parties, copies of the purchase invoices, quantitative utilization of its purchases corresponding to the export made out of these purchases produced before the Assessing Officer. The Assessing Officer in his order of assessment has not examined any of these evidences but has merely proceeded on the basis that in spite of notice as issued, the Respondent had not complied with the same. This has been negatived by the order of the CIT(A) and this finding not been accepted by the Revenue as it has not challenged it before the Tribunal. Besides, the order of the Assessing Officer itself records the fact that the Chartered Accountant of the Respondent did attend the office of the Assessing Officer for a hearing on 12th February, 2009 and the same was adjourned to 26th February, 2009. Thereafter, again attended on 22nd October, 2009. The finding rendered by the Tribunal on the appraisal of the evidence led by the Respondent-Assessee before the authorities, is possible view. This finding has not been shown perverse and/or arbitrary in any manner. Thus, we see no reason to interfere with the impugned order passed by the Tribunal. - Decided against revenue.
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