2022 (9) TMI 185

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..... assessment order framed u/s 147/143(3)/263/144 of the Act dated 06.03.2018. 2. The assessee is in appeal before this Tribunal raising the following grounds: "1. FOR THAT the Ld. Ld. Commissioner of Income Tax (Appeals), NFAC acted unlawfully in sustaining impugned disallowance of Rs. 9,06,200/- out of purchase debited on the allegation of overstatement of purchases made by the Ld. Income Tax Officer, Ward 24(2), Hooghly without considering the unexceptionable reconciliation properly which was adduced during the original assessment proceedings and his alleged findings on that behalf are altogether arbitrary, unwarranted, and perverse. 2. FOR THAT the Ld. Commissioner of Income Tax (Appeals) Durgapur gravely erred in upholding the impugn .....

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..... nd directed the ld. AO to reframe the assessment order considering this issue. In compliance thereto, ld. AO carried out the assessment proceedings u/s 147 r.w.s.143(3) r.w.s. 263 r.w.s. 144 of the Act and since the assessee did not appear on the date of hearing, disallowed the purchase of Rs. 9,06,200/- and assessed the income at Rs/ 17,75,625/-. 4. Aggrieved, the assessee filed appeal before the ld. CIT(A) but failed to respond to the notices of hearing fixed by ld. Pr. CIT and, therefore, in absence of any submissions by the assessee, the disallowance made by ld. AO was confirmed and the appeal filed by the assessee was dismissed. 5. Aggrieved, the assessee is in appeal before this Tribunal. 6. Ld. Counsel for the assessee submitted t .....

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..... ch the assessee failed to explain before ld. Pr. CIT during the proceedings u/s 263 of the Act and, thereafter, before both the lower authorities. 9. I, however, on perusal of the details filed before me, find that the books of account of the assessee are audited and necessary details have been furnished before me showing the tax audit report and the schedules annexed thereto. I also note that the assessee has incurred transportation charges at Rs. 9,12,800/- paid to various transporters namely K.F. Farm Pvt. Ltd., Punjab Bengalore Carriers, U.P. Calcutta Goods Carrier and the Nurmahal Public Cariers Operator Union. The assessee is consistently showing the purchases in the trading account after including transportation charges in the purch .....

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