The Assessing Officer disallowed purchases from a supplier solely on the basis of the supplier’s statement that he had issued accommodation bills. The assessee produced purchase invoices, stock registers, ledger accounts, payment details through account-payee cheques and established corresponding sales. The Tribunal held that the assessee had discharged the primary burden of proving the genuineness of the purchases. The Revenue neither supplied the supplier’s statement nor allowed cross-examination, and even disputed only a part of the purchases from the same supplier. In the absence of any contrary evidence, the disallowance was unsustainable. (AY. 2012-13)
Asst. CIT v. Sharp Corp. Ltd. (2025) 121 ITR 697 / 161 taxmann.com 207 (Delhi)(Trib.)
S.69C: Unexplained expenditure-Business Expenditure-Bogus Purchases-Accommodation Bills –Failure to give an opportunity of cross-examination-Deletion of addition was affirmed.[S. 37(1), 131, 133A]
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