TMI Blog2014 (11) TMI 885X X X X Extracts X X X X X X X X Extracts X X X X ..... see, in the light of what has been recorded earlier by the original authority and the appellate authority - The de novo proceedings should not be taken as a ruse by the assessee to fill up the lacuna and create records to supplement for what was missing earlier - The original authority, on remand, should go into the explanation submitted by the assessee on merits and the genuineness of the purchases alleged to have been made and thereafter decide the issue for the relevant assessment years – thus, there was no reason to entertain the appeal – Decided against revenue. - Tax Case (Appeal) Nos.238 to 241 of 2014 - - - Dated:- 18-11-2014 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr. M. Swaminathan For the Respondent : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Income Bogus Purchases Assessed Income 2005-06 Rs.2,29,07,720/- Rs.1,54,620/- Rs.49,00,045/- Rs.50,54,665/- 2006-07 Rs.4,22,09,280/- Rs.1,27,570/- Rs.92,10,422/- Rs.93,37,992/- 2007-08 Rs.6,59,38,540/- Rs.2,21,720/- Rs.96,47,181/- Rs.98,68,901/- 2008-09 Rs.9,80,86,990/- Rs.2,98,720/- Rs.76,94,575/- Rs.79,93,295/- 3. Aggrieved by the said order, the assessee went o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted by the assessee. 6. Per contra, the learned counsel for the department pleaded that the findings of the original authority and the appellate authority, based on the statement made by the Managing Director of the company during the course of enquiry and his inability to furnish sufficient material, clearly go to show that such an exercise by way of remand is only a futile attempt to fill up the lacuna, if any, and the same should not be allowed. 7. We have given our anxious consideration to the above pleas. Since the Tribunal has made an open remand for de novo consideration of the materials that may be placed by the assessee, we hold credence to the findings of the original authority as well as the appellate authority that no mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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