TMI Blog2019 (5) TMI 1728X X X X Extracts X X X X X X X X Extracts X X X X ..... DRI. However, said statement was retracted by the partner of the assessee-firm. That the AO has based his findings influenced solely on DRI. There is no evidence whatsoever brought on record which could suggests that the assessee has actually done under invoicing by making import in purchases. Therefore, in our considered opinion, in the absence of any documentary evidence, no addition can be mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment order passed under section 143 (3) dated 31.12.2009 of Income Tax Act, 1961 (in short the Act ) by the Deputy Commissioner of Income-Tax, Circle -9, Surat (in short the AO ). 2. Ground no. 1 relates to deletion of addition of ₹ 32,57,962 made by the AO on account of unaccounted investment made in purchases ignoring the fact that addition was made based in peak working given b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led that the assessee has imported goods worth ₹ 5,17,58,483 for the year under consideration. Out of such purchases, the assessee has had shown purchases of ₹ 1,66,27,806 in the books of accounts. Thus, the assessee had made unrecorded purchases of ₹ 3,51,30,677 for the assessment year under consideration against unrecorded sales were made as there were unrecorded purchases. Tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the AO. It was contended that there was under invoicing of as per statement of partner. However, the statement was retracted. Therefore, CIT (A) ought to have upheld the addition made by the AO. 6. Per contra, the learned counsel for the assessee for the assessee submitted that the addition was made based on statement made before the DRI by the partner. However, the CESTAT has dropped the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... third party i.e. the DRI. Further, the CESTAT, West Zone Bench Mumbai, vide its final order NO. A/85365-85368/2019 dated 25.02.2019 has also dropped the proceeding initiated against the assessee-firm. Therefore, we do not find any merits in the revenue appeal. Accordingly, same is dismissed. 8. In the result, the appeal of the Revenue is dismissed. 9. The order pronounced in the open Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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