Flex Engineering Ltd. v. DCIT (2019) 70 ITR 417 (Delhi)(Trib.)

S. 69C : Unexplained expenditure-Volkar committee report- Denied incurring and expenditure-Allegation of paying Kickbacks for participating in oil for food programme- Burden is on revenue–Merely on the basis of Volkar committee report- Addition is held to be not justified.

Tribunal held that the additions made by the AO were solely based upon the Volkar Committee Report. The assessee had denied having incurred the expenditure and it was on the Department to prove that the assessee had paid kickbacks participating in the Oil for Food Programme. No such evidence had been brought on record except the Volkar Committee Report. The Department grossly failed in discharging the onus under S 69C of the Act without bringing any cogent direct material evidence on record. The additions made could not be sustained.(AY.2003-04 to 2005-06)