2015 (9) TMI 372 - AT - Income Tax

Bogus purchases - non-availability of some companies from whom the assessee had made purchases - Held that - AO has not doubted the construction made by the assessee. He only doubted the genuineness of the purchases. So any company which is carrying the construction it is necessary to buy/ use necessary materials like iron cement sand wood etc. Without there being any material the assessee cannot complete the construction work. We find that there is sound reasoning in the submissions of the assessee. Therefore we set aside the order passed by the ld. CIT(Appeals) and remit the matter back to the Assessing Officer to examine and decide the issue de novo after considering the details filed by the assessee in accordance with law after allowing sufficient opportunity of hearing to the assessee. - Decided in favour of assessee for statistical purpose.

Summary

Issues Involved:
Appeals against orders of CIT(A) for assessment years 2005-06 to 2008-09 regarding disallowance of purchases made by the assessee.

Detailed Analysis:

Issue 1: Disallowance of Purchases
The case involved the disallowance of purchases made by the assessee for construction materials based on seized materials and statements. The Assessing Officer treated purchases from certain parties as bogus due to lack of confirmation and admission by the Managing Director. The CIT(A) upheld the disallowance, citing non-existence of parties and lack of documentary evidence.

Analysis: The appellate tribunal set aside the CIT(A)'s order, emphasizing that the construction work necessitated genuine purchases of materials. The tribunal directed the Assessing Officer to re-examine the issue after considering the details provided by the assessee, ensuring a fair opportunity for explanation.

Issue 2: Similarity in Assessment Years 2006-07 to 2008-09
The representatives contended that the facts in subsequent assessment years were akin to the issues in the 2005-06 assessment. They requested a similar decision for these years as well.

Analysis: The tribunal agreed with the representatives and remitted the matter back to the Assessing Officer for all the assessment years 2006-07 to 2008-09, following the same approach as in the 2005-06 assessment.

In conclusion, the tribunal allowed all the appeals of the assessee for statistical purposes, providing an opportunity for the assessee to substantiate the genuineness of the purchases made for construction materials in the respective assessment years.