2019 (12) TMI 317

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..... er) 1. Aforesaid appeal by revenue for Assessment Year [in short referred to as 'AY'] 2009-10 contest the order of Ld. Commissioner of Income- Tax (Appeals)-26, Mumbai, [in short referred to as 'CIT(A)'], Appeal No. CIT(A)-26/IT/232/2015-16 dated 14/08/2018. It is evident from grounds of appeal that the sole issue that arises for our consideration is addition on account of alleged bogus purchase .....

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..... receipt of certain information from DGIT (investigation), Mumbai, it transpired that the assessee obtained bogus purchases bills aggregating to Rs. 8.01 Lacs from 3 entities, the details of which have already been extracted at page-1 of the quantum assessment order. Accordingly, the case was reopened as per due process of law vide issuance of notice u/s 148 on 25/03/2014 which was followed by sta .....

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..... re of the considered opinion that there could be no sale without actual purchase of material keeping in view the assessee's nature of business. Undisputedly the assessee was in possession of primary purchase documents and the payments to the suppliers were through banking channels. However, at the same time, the assessee failed to produce any of the suppliers to confirm the transactions. The onus .....

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