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2016 (6) TMI 1032 - CALCUTTA HIGH COURT

2016 (6) TMI 1032 - CALCUTTA HIGH COURT - [2016] 386 ITR 387 - Bogus purchases - whether the assessee failed to establish the genuineness of the purchases from JKDPL as claimed by it? - Held that:- We have enquired of Mr.Biswas and from his submission we understand that the purchase bills of less than ₹ 20,000/- were not produced. The payments, according to him, were made all in cash. The stock register was not produced. The absence of these documents go to suggest that the purchase from J .....

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foresaid figure was furnished by the assessee himself. The assessee admits that the sale was for the aforesaid sum. What the assessee has done is that he tried to reduce the profit by showing artificial purchases. When the assessee was unable to show genuineness of those purchases the amount of profit is bound to be increased. - Decided against the assessee. - ITA No. 316 of 2009 - Dated:- 15-6-2016 - Girish Chandra Gupta And Asha Arora, JJ. For the Appellant : Mr. R. K. Biswas, Mr. Avra Mazumde .....

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7/-. The assessing officer was of the opinion that the assessee had failed to prove the purchases to the extent of ₹ 9,23,142/-. He, therefore, added the aforesaid sum to the income of the assessee and in an appeal filed by the assessee, the CIT deleted the addition. In a further appeal filed by the revenue, the learned Tribunal by its order dated 10th May, 2006 restored the matter to the file of the assessing officer giving one more opportunity to the assessee to prove purchases worth  .....

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,70,671. But that is not of much importance. In an appeal preferred by the assessee, the learned Tribunal confirmed the addition relying on the judgment of the Andhra Pradesh High Court in the case of CIT Vs. Transport Corporation of India and a judgment of the Supreme Court in the case of CIT Vs. Calcutta Agency Limited, where it was held that if the assessee failed to establish the fact necessary to support his claim for deduction, the claim was not admissible. It is against this order of the .....

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lows:- (i) Whether on the facts and in the circumstances of the case the Tribunal is justified in law in confirming the addition of ₹ 8,70,641/- as bogus expenditure in absence of primary evidence after totally ignoring all the secondary evidence namely books of accounts, cash book, purchase ledger, profit and loss account and balance sheet etc. of the assessee firm produced by the appellant before the Tribunal in support of its claim when all the items of medicines deals with by the Appel .....

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y the appellant are MRP (Maximum Retail Price) based item ? From the judgment of the learned Tribunal our attention has not been drawn by Mr.Biswas to any discussion as regards any secondary piece of evidence to show that the aforesaid purchases were made. On the contrary, the finding recorded by the learned Tribunal in that regard is as follows:- the assessee failed to establish the genuineness of the purchases from JKDPL as claimed by it We have enquired of Mr.Biswas and from his submission we .....

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