Soman Sun Citi v. JCIT (Mum)(Trib) , www.itatonline.org

S. 69C: Unexplained expenditure – Bogus purchases-100% disallowance is confirmed-The right of cross-examination is not absolute. No prejudice is caused to the assessee by non granting of cross examination if the assessee has not discharged the primary onus. The fact that purchase bills are produced and payment is made through banking channels is not sufficient if the other evidence is lacking.

Dismissing the appeal of the assessee the Tribunal confirmed the 100% of alleged bogus purchases. Tribunal also held that , The right of cross-examination is not absolute. No prejudice is caused to the assessee by non granting of cross examination if the assessee has not discharged the primary onus. The fact that purchase bills are produced and payment is made through banking channels is not sufficient if the other evidence is lacking. ( ITA No. 2960/Mum/2016, dt. 23.10.2017)(AY. 2011-12)