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2020 (9) TMI 913 - AT - Income TaxBogus purchase - information received from the Sales Tax Department, Govt of Maharashtra that the assessee has obtained bogus purchase bills - HELD THAT:- During the course of assessment proceedings, the AO asked the assessee to produce the party i.e Hanuman Steels (Prop. Shri Jignesh K Desai) along with evidence to verify the identity of the party and the genuineness of the purchase transactions. In response to it, the assessee filed before the AO ledger extracts of the said party thereby stating that payments have been made through account payee cheque only. The assessee could not produce the said party before the AO. Issue revolves around the genuineness of the purchases and also the fact that the assessee had sought adjournment before the Ld. CIT(A) on 05.11.2018 and 10.01.2019, whereas the assessee failed to appear before him on the final opportunity given by the Ld. CIT(A) on 17.01.2019, we are of the considered view that the assessee may be given another opportunity by the first appellate authority before deciding the appeal on merit. Therefore, we set aside the order of the Ld. CIT(A) and restore the matter back to him to decide the case on merit - Decided in favour of assessee for statistical purposes.
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