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2019 (3) TMI 808 - AT - Income TaxBogus purchases - addition made on the basis of alleged concession recorded by the Chartered Accountant - no hawala purchases - pressure on CA of the assessee to agree for the addition and was not given time to consult the assessee before the addition -sworn affidavit of the CA - HELD THAT:- A glaring fact that has been brought to our notice is that the assessment order was passed on the very same day after the Chartered Accountant of assessee filed letter agreeing for the addition. The probability of averments in the affidavit being true is quite high in the light of fact that the assessment was completed by Assessing Officer on the same date when the Chartered Accountant of the assessee agreed for addition. The assessee has furnished confirmation letters from the suppliers of material and also furnished various details of the suppliers such as name, address, PAN, etc. of the suppliers to prove the identity and the genuineness of the suppliers. The assessee in an endeavor to prove the genuineness of the transactions and the suppliers has furnished the copies of return of income of the suppliers before the Commissioner of Income Tax (Appeals). As has been observed earlier it is not the case of Revenue that the assessee has made purchases from hawala operators. No infirmity in the order of CIT(Appeals) in deleting the addition - Decided against revenue Addition being differences in liability shown in the case of M/s. Kirti Construction Company - difference between the accounts maintained by the assessee and M/s. Kirti Construction Company - difference was mainly on account of security deposits and wrong entry passed by assessee in respect of VAT payments in the Financial Year 2006-07 - CIT (Appeals) deleted the addition - HELD THAT:- DR has failed to controvert the findings of Commissioner of Income Tax (Appeals) on the issue. In the absence of any contrary material brought to our notice we find no reason to interfere with the well reasoned findings of Commissioner of Income Tax (Appeals) in deleting the addition - Decided against revenue
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