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2017 (8) TMI 1426 - ALLAHABAD HIGH COURTPurchases of rice bran as bogus - Held that:- CIT (Appeals) on the basis of the material placed before him and on the basis of the statements of two persons namely- Vinay Singh and Rajesh Kumar Ramuka held that the rice bran was supplied by the aforesaid two persons in the name of their firms M/s. Om Sai Enterprises, M/s. Om Shiv Enterprises, M/s. Mahadev Enterprises and M/s. Nisha Enterprises and that the payments were received by them in the individual capacity as the bank accounts were in their names and in the name of one of the firm M/s. Nisha Enterprises.The Assessing Officer is not correct in holding that the aforesaid purchases were bogus inasmuch as the supplies were made by Party (A) and payments were made to Party (B). In fact the supply and payment were made to the same parties but with different names. The findings of CIT (A) have been accepted by the tribunal and it has been held that the purchases are not bogus at all. The question whether in the facts and circumstances of the case, the ITAT was justified in accepting the purchases to be genuine and not bogus is a matter of fact only. No question of law in this regard arises in this appeal.
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