Assessee made purchases from two parties, however, same were disallowed on ground that purchases so made were not genuine. Assessee in support of its claim of having made genuine purchases, placed on record, copy of confirmation of aforementioned parties and also placed on record copy of invoices pertaining to purchases claimed to have been made-However, on a perusal of invoices, it was found that nowhere, details of lorry receipt number and date, vehicle number etc. was mentioned therein. The Assessing Officer disallowed the purchases. On appeal the Tribunal held that since sales of assessee company had been accepted by department, it could be safely concluded that assessee had purchased goods in question not from aforementioned parties but at a discounted value from open/grey market. Therefore, disallowance was restricted to 12.5 per cent of aggregate value of impugned purchases. (AY. 2014-15)
Kimaya Impex (P.) Ltd. v. ITO (2022) 193 ITD 710 (Mum.)(Trib.)
S. 69C : Unexplained expenditure-Bogus purchases-Sales accepted-Disallowance restricted to 12.5 % of aggregate value of alleged bogus purchases.