ACIT v. Pinaki D. Panani. (Smt.) (2018) 61 ITR 7 (Mum) (Trib)

S.37(1): Business expenditure — Bogus purchases —Civil contractor – Merely on the basis of information form sales tax department purchases cannot be disallowed without giving an opportunity of cross examination .

Tribunal held that , Merely on the basis of information form sales tax department purchases cannot be disallowed without giving an opportunity of cross examination when the payments were through banking channel and the quantity and quality of the material, duly certified by the engineer of the Municipal Corporation, that too subject to tax deduction at source, retention amount, etc. ( AY. 2009-10)