Held that the corresponding sales made out of disputed purchases had not been doubted by the Revenue. The assessee had furnished sufficient evidence to prove the genuineness of the sales made by it. It was not the case of the Revenue that the corresponding sales out of disputed purchases shown by the assessee had to be treated as unexplained cash credits since no purchases were made by the assessee. Since the sales made out of disputed purchases had been accepted as such by the Revenue, it would be just and fair to bring to tax only the profit element embedded in the value of such disputed purchases. (AY.2013-14, 2014-15)
Welspun Steel Ltd. v. Dy. CIT (2023)103 ITR 354 / 152 taxmann.com 62 (Mum) (Trib)
S. 143(3): Assessment-Accommodation entries-Bogus purchases-Sales accepted-Only profit element embedded in alleged bogus purchases can be added and not value of purchase.[S. 5]