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2017 (11) TMI 455 - AT - Income TaxBogus purchases - assessee was failed to produce GRN / Lorry receipt to prove the actual purchaser of the goods - Held that:- As per learned AR the assessee has placed oral order for the purchase of the goods from the Seller and the same were delivered at the site by the seller as mentioned in the Delivery Challans. Since the transport related cost was borne by the seller, the assessee does not have GR or Lorry receipt. It was further submitted that the details of purchase, invoice, challans, quantity details, payment evidence, etc were filed during the course of assessment proceedings. It was also submitted that assessee had filed a stock/inventory/consumption summary mentioning the details of purchases made (including the purchases made from the seller) from the beginning of the project till 31 March 2010. The learned AO had not disregarded the said quantity details of purchases and made the additions. Considering all we restore this addition back to the file of the AO for deciding afresh after giving due opportunity to the assessee. We direct accordingly. As the addition has been made in the A.Y.2010-11 and corresponding closing stock for the A.Y.2010-11 which is opening stock for A.Y.2011-12 has already been given effect, the addition so made in the A.Y.2011-12, appears to consequential in nature. AO is directed to verify the same and pass order afresh as per law. We direct accordingly.
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