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2023 (1) TMI 493 - BOMBAY HIGH COURTNon-genuine purchases u/s 69C - Sales tax department had provided evidence of the fact that these parties did not undertake the sale of any material but only provided bills at a commission - Assessment Officer identified 21 dealers from that list, who according to him, were termed as “suspicious dealers” indulging in issuing fictitious bills without actual supply of goods or material, for a commission, as was put up on the official websites of the Sales Tax Department, Government of Maharashtra - ITAT upholding the orders of the CIT(A) deleting the addition - HELD THAT:- Appellate Tribunal was right in applying the ratio of the judgment of M/s . Nikunj Eximp Enterprises Pvt. Ltd. [2013 (1) TMI 88 - BOMBAY HIGH COURT] to the facts of the present case. There are concurrent findings arrived at by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal, on the fact that the Respondent had satisfactorily discharged the initial burden of proving the genuineness of the transactions. We are of the considered opinion that this is not a fit case for consideration in appeal as the substantial questions of law proposed by the revenue would not arise.
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