Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (12) TMI 123

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Officer (Ld. A.O.) by rejecting books of accounts and holding the purchases shown by the assessee as bogus. 2. In the facts and circumstances of the case, the Ld.CIT(A) has erred in admitting the additional evidence filed by assessee in violation of Rule 46A(3) as the assessee's case is not covered under Clause (a) to (d) of Rule 46A. 3. The appellant craves to be allowed to add any fresh grounds of appeal and/or delete or amend any of the grounds of appeal." 2. Brief facts of the case are as under: Assessee filed its return of income on 11/10/10 declaring total income of Rs. 73,70,807/-. The case was selected for scrutiny and notice under section 143 (2) of the Act along with notice under section 142 (1) and questionnaire was issued .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... challans and details of dispatch of goods and transportation of goods and considered not verifiable. ii) Entities from whom purchases are shown are non-existent are not carrying on any genuine regular business activity. iii) From the copies of purchase bills it is not ascertainable what was the mode of transportation of goods from the destination of seller to the destination of assessee. iv) In some cases whole of amount of purchase was shown as creditors at the end of the year and the assessee has not produced any evidence to discharge its onus to explain the amount of creditors as appearing in its books of account. v) Vide summons under section 131 and notices under section 133(6), 20 entities were required to attend this office .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... duly signed and stamped. (ii) Copy of ledger account for the subsequent year showing the detail of cheques etc. issued to the parties against their purchases. (Hi) Copies of purchase bills showing the complete details of the supplies made along with detail of VAT registration details. (iv) Bank statements were also produced for verification of payment through cheques. Original bills were also produced for their verification. 8. It was submitted that, assessee is engaged in execution of work orders, awarded by Government departments, hospitals, and makes purchases from various parties, which usually differs from work to work and year to year. He submitted that it is admitted fact that, purchases were made on strength of duly issued ta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d by assessee cannot be rejected without any basis. We therefore agree with observation of Ld.CIT (A) that accounts regularly maintained in course of business have to be taken as correct unless there are strong and sufficient reasons to indicate that they are unreliable. We therefore uphold the view of Ld.CIT(A) in accepting books of account of assessee. 11. Insofar as addition regarding estimation of sales, job work income and other income, it is observed that Ld.A.O. has not given any reason for estimation. Ld.CIT (A) has recorded that even during remand proceedings Ld.A.O. has not made any enquiries and no comments have been given regarding books of accounts maintained by assessee. It is very much categorical to observe that sales has n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates