Kaka Rayon v. ACIT (2021) 85 ITR 32 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Bogus purchases-Failure to fie quantitative details-Matter remanded to Assessing Officer to give an opportunity of cross examination and to file quantity details.

Tribunal held that  the assessee could not file qualitative and quantitative details such as the opening stock, purchases, total sales, closing stock, item-wise and party-wise month-to-month details. In the absence of the current mailing addresses of the parties, it was not possible to summon those parties for cross-examination, which was required to resolve the issue. The order of the Commissioner (Appeals) was set aside and the matter restored to the file of the Assessing Officer for a de novo order after giving the opportunity of cross-examination to the assessee. The assessee was directed to file the relevant documents and evidence before the Assessing Officer.(AY.2011-12)