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2019 (8) TMI 797 - AT - Income TaxBogus transaction relating to purchase of computer software from DSTPL - HELD THAT:- It is factually established that the sales effected by the DSTPL to different parties are genuine. If in case of DSTPL, the sales effected are accepted as genuine, the same cannot be treated as bogus in case of assessee as they like two sides of the same coin. That being the case, the purchases effected from DSTPL by the assessee cannot be held as bogus. The allegation made by the AO that the assessee has not furnished various evidences including VAT payment does not appears to be correct as the material placed before us proves otherwise. In fact, learned Authorised Representative has demonstrated that the assessee has paid VAT on the said transaction. Therefore, the allegation of the Assessing Officer that VAT has not been paid on the said transaction is factually incorrect. It is further relevant to observe, in respect of various other assessees, AO relying upon very same information received from CBI treated similar transactions as non–genuine and made additions. However, the appellate authorities after considering various evidences and material brought before them have held that the transactions relating to purchase and sales of computer software are genuine. In this context, we may refer to a number of decisions of the Tribunal cited before us by the learned Authorised Representative. Order of CIT(A) sustained - Decided against the revenue.
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