ITO v. Solid Machinery Co. (P) Ltd. (2023) 221 TTJ 1006 / 143 taxmann.com 293 (Mum) (Trib)

S. 68: Cash credits-Bogus purchases-Addition is justified-Not responded to summons-All goods purchased are returned. [S.44AB, 133(6)

Where assessee-company had made purchases of textile items, i.e., fabrics worth Rs. 19 crores (approx.) from a large number of entities (vendors) but entries showing credits in names of certain vendors and existence and means of these vendors were not proved and genuineness of transactions were not established and, thus, none of three necessary ingredients of a credit, i.e. existence of creditor, means of creditor and genuineness of transaction is to be  established. On facts the Tribunal held that the  Assessing Officer is  fully justified in making addition under section 68. (AY.2009-10)