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2015 (10) TMI 1059 - ITAT DELHIAddition on account of accommodation bills - activity controlled by an admitted entry provider Sh. S.K. Gupta - CIT(A) deleted the addition - Held that:- None of the statements recorded before the A.O. Sh. S.K. Gupta has stated that his entire business is non genuine and all the bills issued by all his group companies are accommodation entries. He has at the same time not contradicted his categorical statement given before the Investigation Wing regarding the genuineness of the bills issued in the name of Swen Television Ltd. to the appellant company. Thus, from the statement of Sh. S.K. Gupta it cannot be concluded that the bills debited in the name of Swen Television Ltd. by the appellant company are not genuine. Rather his statement affirms that the bills from Swen Television Ltd. are genuine. Just because major concerns controlled by Sh. S.K. Gupta are admittedly issuing non genuine accommodation bills, it cannot be automatically presumed that all the bills issued by all the concerns of Sh. S.K. Gupta are non genuine. This is more so when he had admitted that he is doing some genuine business also in the names of some of the companies. Thus, in the case of appellant, no adverse view from the statement of Sh. S.K. Gupta can be taken to come to the conclusion that the bills from Swen Television Ltd. are non-genuine and accommodation bills - Decided in favour of assessee.
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