TMI Blog2015 (3) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... ination has been offered by AO to the appel lant to cross examine the relevant parties (who are deemed to be wi tness or approver being used by AO against the appel lant) whose name appear in the websi te www.mahavat.gov. in and (v) Fai lure to produce parties cannot be treated adversely against appellant. - Decided in favour of assessee - I.T.A. No.5246/Mum/2013 - - - Dated:- 5-3-2015 - SHRI B.R.BASKARAN (AM) AND SANJAY GARG, (JM) For the Petitioner : Shri Love Kumar For the Respondent : Shri Bhupendra Shah ORDER Per B.R.BASKARAN, Accountant Member: The appeal of the Revenue is directed against the order dated 21.5.2013 passed by the ld.CIT(A)-35, Mumbai and it relates to assessment year 2010-11. 2. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the purchases to the tune of ₹ 28.08 lakhs have to be treated as unexplained expenditure. Accordingly, he assessed the same u/s 69C of the Act. 4. The ld. CIT(A) deleted the addition and hence the Revenue is in appeal before the Tribunal. 5. The ld. DR strongly placed reliance on the order of Assessing Officer. 6. On the other hand, the ld. AR submitted that the additions made in the case of some other assesses on identical reasons have been deleted by the Co-ordinate Benches of the Tribunal in the following cases : a) Ramesh Kumar and Co V/s ACIT in ITA No.2959/Mum/2014 (AY-2010-11) dated 28.11.2014; b) DCIT V/s Shri Rajeev G Kalathil in ITA No.6727/Mum/2012 (AY-2009-10) dated 20.8.2014; and c) Shri Ganpatraj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the appellant had submitted all details of purchases and payments were made by cheques, merely because the sellers/suppliers could not be produced before the A.O. by the assessee. Further, I have also gone through the judgment in case Balaji Textile Industries (P) Ltd. Vs Income Tax Officer by Hon. ITAT, Mumbai (1994) 49 lTD (BOM) 177 which was made as long back as 1994 and which still holds good in which was held that- Issuing printed bills for selling the textile goods to the assessee-company at Bhiwandi was not a conclusive proof but it was a prima fade proof to arrive to a correct conclusion that the assessee purchased certain goods from certain parties at Bhiwandi. The assessee sold those goods to 'S and adjusted the sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y high and therefore that is not acceptable because it onus of the A.O. by bringing adequate material on record to prove that such a high G.P. ratio exists in the nature of business carried out by the appellant. Further, it has to be appreciated that (i)Payments were through banking channel and by Cheque,(ii) Notices coming back, does not mean , those Parties are bogus, they are just denying their business to avoid sales tax/VAT etc, (i i i) Statement by thi rd par t ies cannot be concluded adversely in isolation and wi thout corroborating evidences against appel lant ,(iv) No cross examination has been offered by AO to the appel lant to cross examine the relevant parties (who are deemed to be wi tness or approver being used by AO aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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