On the basis \u00a0of \u00a0information was received from Sales Tax Department in relation to certain parties who were engaged in providing bogus purchase bills and that assessee was also one of beneficiaries of hawala bills given by such parties. Assessing Officer asked assessee to show cause why this entire amount\/bogus purchases should not be assessed as non-genuine purchases .With a view to buy peace and to avoid unending litigation, assessee offered that gross profit rate of said purchases might be assessed as income . Accordingly, Assessing Officer held 15 per cent of said purchases to be assessed as income of assessee .Commissioner invoked section 263 on ground that since assessee had not disputed that parties from whom purchases were made were those whose names appeared on website of Sales Tax Department as accommodation entry providers, entire purchases was to be treated as non-genuine . It was observed \u00a0that the \u00a0assessee was not able to produce any material purchased by it nor it could ensure presence of supplier from whom it purchased goods . Further, Assessing Officer did not make any inquiry with regard to purchase expenses claimed by assessee \u00a0. Accordingly the revision order was passed \u00a0directing the Assessing Officer to decide afresh by giving an opportunity of hearing . On appeal by the assessee , dismissing the appeal the Court held that Revision is held to be justified\u00a0 as there was no discussion in the order of Assessing Officer and the Assessing Officer limiting addition under S.69C only on basis of GP ratio. Accordingly the order of Tribunal is affirmed . ( AY.2010-11)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Bogus purchases- Hotel business- information from sales tax authorities -Hawala Traders \u2013 Assessee offering 15% of gross profit in the course of assessment proceedings with a view to buy peace and unending litigation which was accepted by the Assessing Officer without making any inquiry \u2013 Commissioner revising the order on the ground that on there was no discussion in the order of Assessing Officer and the Assessing Officer limiting addition under S.69C only on basis of GP ratio is held to be not justified -Tribunal affirming the revision order -High Court affirmed the order of the Tribunal . [ S.69C ]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3245","post","type-post","status-publish","format-standard","hentry","category-digest"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-Ql","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/3245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=3245"}],"version-history":[{"count":2,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/3245\/revisions"}],"predecessor-version":[{"id":4475,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/3245\/revisions\/4475"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=3245"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=3245"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=3245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}