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2019 (4) TMI 419 - HC - Income TaxPower of Tribunal - AO made addition as non-genuine purchases of two parties - enquiry letters issued to the aforesaid two parties, had been returned unserved - CIT(A) direct AO to conduct an inquiry with the AO having jurisdiction over the PAN of the said parties and ascertain whether return of income has been filed for the relevant year by the party and if so, he had disclosed the turnover of business in such return, in excess of amount of purchases, shown by the assessee, as have been made from the said party - HELD THAT:- The Tribunal, being the last court of fact and law, ought to have considered the materials on record, especially, when it has come on record that the said party has not filed the return of income. The Tribunal was swayed away by the contention of the respondent – assessee, but lost sight of the fact that the Revenue has also raised the issue of addition of ₹ 3,38,72,852/- to be non-genuine purchases. The matter is remanded back to the Tribunal concerned to re-hear the matter afresh and decide the appeal on merits.
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