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2019 (5) TMI 1326 - AT - Income TaxAdditions u/s 69C - fresh opportunity to examine addition u/s 68 - treatment of alleged purchases as bogus expenses - HELD THAT:- Purchases were debited in the regular books of account of the assessee. The sales out of the purchases were accepted by the A.O. Find that the notices issued by the A.O on the address of M/s Kumar Sales were duly served. Nothing prevented the A.O to issue summons to M/s Kumar Sales to force its attendance and examine the transaction. I further find that the CIT(A) realizing that Section 69C is not applicable on the facts of the case invoked Section 68 The power of the CIT(A) are co terminus to that of the A.O and, therefore, he should have examined the transaction if he wanted to invoke the provisions of Section 68. Failing which the action of the CIT (A) cannot be upheld. The contention of the DR that fresh opportunity should be given to the CIT (A) to examine the transaction does not have any force. No second innings should be given to examine the same set of facts which were very much before the lower authorities. No merit in the order of the CIT(A). Direct the A.O to delete the addition - Decided in favour of assessee.
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