| COURT: | ITAT Mumbai |
| CORAM: | R. C. Sharma (AM), Vivek Varma (JM) |
| SECTION(S): | 143(3) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Bogus purchases, sham transactions |
| COUNSEL: | Vasanti Patel |
| DATE: | December 5, 2014 (Date of pronouncement) |
| DATE: | January 9, 2015 (Date of publication) |
| AY: | 2007-08, 2008-09 |
| FILE: | Click here to download the file in pdf format |
| CITATION: | |
| Bogus purchases: Merely because a party has admitted to indulging in sham/ accommodation transactions does not mean that all his transactions with the assessee should be treated as sham | |
It is not in dispute that the survey action was conducted on a third party. It is also not in dispute that the assessee had business relation with Moxdiam Group, like so many other parties. It is also a fact that there is not even a iota of evidence with the AO, to prove that the assessee did not have straight dealings with the Moxdiam Group. It is also a fact that, that the assessee entered each of its transaction in its primary books, comprising of ledger and stock register. From the order of the AO, the DR could not establish before us that the transaction as recorded in the books was sham. We cannot accept a bald statement made by the AO that any transaction/business done with a party would be sham, simply because the opposite party besides doing regular business was also indulging in providing accommodation entries. Simply on the basis of statement given by the third party, that they were also providing accommodation entries as well, the conduct of the assessee cannot be doubted and held to be sham.
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