TMI Blog2010 (2) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... ational and M/s Maxwell. The case of the assessee was that even though the entries of such material had been made in the stock register and such stock was physically found in the factory premises of the assessee and formed part of the inventory taken in the survey, the purchase value of these items had not been debited in the purchase account as the purchase bills had not been handed over to the accountant for making entries thereof in the books of accounts. It was observed by the Commissioner of Income Tax (Appeals) that, as against this, the Assessing Officer felt that the aforesaid purchase bills had been arranged after the survey and were, therefore, not genuine. – held that - . The present appeal is not a case where relevant evidence h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner of Income Tax (Appeals) observed that the crux of the matter pertains to the genuineness of purchase of Rs 1,46,00,078/- made by the respondent-assessee prior to the date of survey but which were not entered in the purchase account in the financial books. The Commissioner of Income Tax (Appeals) also noted that out of this, purchases to the extent of Rs 1,24,00,747/- were represented by six bills from M/s Sanjay International and M/s Maxwell. The case of the assessee was that even though the entries of such material had been made in the stock register and such stock was physically found in the factory premises of the assessee and formed part of the inventory taken in the survey, the purchase value of these items had not been debited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms prior to the date of survey. Further, the export obligation discharged certificate was also issued by the Joint Director General, Foreign Trade, which shows that the goods had been purchased by the appellant before the date of survey and had also been utilized for manufacturing purposes to discharge the export obligations. It is also noticed that gate passes were issued in the name of the company by Container Corporation of India while releasing the goods from the ICD, Tuglakabad after levy of certain charges for storage of container in which imports were made. The appellant has shown that the dates on these gate passes are all prior to the date of survey. The facts also show that one of these import purchase bills is from M/s Bayer, GM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that the Assessing Officer's approach was not correct. The Tribunal, inter alia, held as under: "17. The controversy as noted by the ld. CIT(A) is whether claim of the assessee that purchases to the tune of Rs.1,46,00,078/- made prior to the date of survey and claimed to be not entered in the financial books was genuine or not. Out of above, purchases to the extent of Rs.1,24,00,747/- were made from two parties, namely, M/s Sanjay International and M/s Maxwell through 6 bills noted by the ld. Assessing Officer at page 3 of the impugned order. The ld. Assessing Officer refused to believe the claim of the assessee. We have already recorded reasons given by the Assessing Officer in the assessment order for not accepting above claim. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied it for vide letter dated 7.2.2000. The same position was maintained by the assessee during the course of assessment proceedings. The assessee had also relied upon the fact that completed books of accounts were audited and supported by report of an Auditor." 7. In our view, the findings returned by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal with regard to the genuineness of the purchases prior to the survey are pure findings of fact. We would also like to note the decision of this Court in the case of Commissioner of Income Tax v. NHK Japan Broadcasting Corporation: 291 ITR 331 (Delhi), wherein the scope of interference with findings of fact in an appeal under Section 260A has been pithily explain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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