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2012 (8) TMI 91

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..... ning the disallowance of Rs.2,01,010/- made out of total purchase expenses claimed by treating the same as related with bogus purchases." 2. During hearing of this appeal, we have heard Shri K.C. Agrawal, ld. Counsel for the assessee and Shri Keshave Saxena, learned CIT DR. The crux of arguments on behalf of the assessee is that the ld. Assessing Officer as well as the ld. first appellate authority has not examined the evidences which were filed by the assessee. Our attention was invited to pages 27 to 96 of the paper book containing copies of cheques with which the parties have made withdrawals from the accounts of the assessee. Reference was also made to other pages of the paper book right from page 1 to 171. The crux of the arguments is .....

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..... than Rs. 50,000/- were made, details of cheques and bank with respect to payment (Notice dated 17.12.2004) C. Photocopies of account of sundry creditors as appearing in assessee's ledger for financial year 2001-02 and 2002-03 with their complete postal addresses (notice dated 17.12.2004) D. Production of original purchase bills (notice dated 28.1.2005) From the details filed by the assessee on various dates and the original bills produced, following discrepancies were noticed by the Assessing Officer :- i. On various purchase bills of different parties, the handwriting and signatures were of the same person (For example signature on the bills of Nandi Enterprises were same as on the bills of Laxmi Corporation and Sangeeta Trading Corpor .....

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..... the actual business vis-a-vis accommodation business was filed by the assessee. However, the Assessing Officer has not examined separate trading and P&L account as submitted by the assessee and did not consider the assessee's contention and made the addition on the basis of withdrawals shown in respect of the cheques issued for purchases in respect of accommodation business and the addition was made. Here the Assessing Officer is required to examine both the separate trading accounts furnished by the assessee so as to find out the actual income earned in real trading vis-a-vis accommodation business. Merely withdrawing the cash out of the cheques issued for purchases for which the assessee was also simultaneously required to pay against the .....

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