9911796707
TMI Blog2023 (10) TMI 1144X X X X Extracts X X X X X X X X Extracts X X X X ..... ce under Section 142(1) of the Act was issued. 2. During the course of the assessment under Section 158BC of the Act, the Assessing Officer ("AO") disallowed payment made to M/s. Intercontinental Shipping ("ICS") and M/s. Timmy's Transport ("TT") amounting to Rs. 1,58,70,839/- and Rs. 97,85,849/- respectively. The AO also disallowed payment of Rs. 50,82,009/- made to one Blue Ocean Marketing Private Limited alleging that it was a case of bogus billing. The AO also disallowed a sum of Rs. 5,70,995/- alleging bogus bills taken by assessee from one M/s. Sai Om Labour. An assessment order dated 31st August 2008 came to be passed assessing total income at Rs. 4,53,74,768/-. Being aggrieved, assessee preferred an appeal before the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case and in law, the Hon'ble ITAT has erred in dismissing the appeal of Revenue and thereby allowing an amount of Rs. 50,82,009/- on account of bogus bills taken by the assessee from M/s. Blue Ocean Marketing Pvt Ltd. without independently deciding on merits the facts that Blue Ocean Marketing did not exist and also the assessee failed to produce the party before the AO. d) Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT has erred in dismissing the appeal of Revenue and thereby in allowing an amount of Rs. 5,70,995/- on account of bogus bills taken by the assessee from M/s. Sai Om Labour without independently deciding on merits the facts that Sai Om Labour did not exist and al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l on record has not been controverted by the Revenue by bringing any positive material on record. 5. As regards the questions (c) and (d) that the amounts paid to M/s. Blue Ocean Marketing Private Limited and Sai Om Labour, the AO had made the disallowance only on the grounds that those parties did not appear before the AO and the bills were not supported by delivery challans. CIT(A) deleted the addition on the basis that delivery challans and test certificates were infact available. It is also recorded that the employee and director of Blue Ocean Marketing Private Limited had confirmed the transactions and the actual supply of material. So also the case of M/s. Sai Om Labour, assessee was accepted to have proved that the engagement of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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