TMI Blog2022 (9) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... rcise, the assessee might have saved Excise Duty etc. Sale figure could not be achieved, if the material was not sourced from any other concern, but no such details are available before us. The assessee has neither produced these details before the AO that in the accounts it might have debited the purchases qua M/s. Vijaypath Vincom Pvt. Limited but actually procured the material from X , Y , Z concern. If that factor has been proved demonstrating the complete details of purchases as well as sales, then 100% of the purchases by terming it as bogus could not be added. In the absence of these details, we do not have any option except to confirm the orders of the revenue authorities. Accordingly, we dismiss the appeal of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed an application for condonation submitting therein that the impugned order was passed on 12.12.2019 before the lockdown and was put in operation after expiry of time limit due to lockdown and other issues of COVID. The appeal could not be filed at an early date and ultimately filed in September, 2020. Considering the above explanation of the assessee and keeping in mind the general direction issued by the Hon ble Supreme Court for not to come to the period of limitation for the purpose of filing appeals during the period of March, 2020 to March, 2022 (roughly), we condone the delay and proceed to decide the appeal on merit. 5. On merit, the solitary grievance of the assessee is that the ld. CIT(Appeals) has erred in confirming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the postal department itself changed the PIN CODE from Kolkata-700 003 and redirected the same to Koikata-700 001 and finally could not be served the Notice with comment LEFT as superscribed on the Cover of the Notice. However, Again, inspector, attached to this office was deputed to serve the Notice u/s 133(6) of the I..T. Act, 1961 on the party but could not find the party at the address given by the Assessee s Firm vide. Letter dtd. 18.03.201 5. Consequently, as per I.T. Act, summon was issued u/s-1 31 of the I.T. Act, 1 961 to appear with the party with required documents to confirm the purchase by the Assessee Firm. On 18.03.201 5 the assessee requested for 3 (three) days time to make the party appear. As more than 7 (Seven) working ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowance of purchases. A perusal of the assessment order would indicate that the ld. Assessing Officer has carried out an exercise and tried to locate the entity through whom purchases were claimed. The assessee failed to submit such details, though we concluded the hearing ex-parte but a thought strucked to our mind, whether total purchases could be added or not? In this regard, we find that there are large numbers of orders available on this issue by the Tribunal as well as by the Hon ble High Court. In all these orders, it has been observed that if an assessee is maintaining complete details of the traded items, then total amount of purchases should not be disallowed. It can be explained by way of example, namely an assessee is trading ..... X X X X Extracts X X X X X X X X Extracts X X X X
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