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| The Tax Publishers2019 TaxPub(DT) 6714 (Pune-Trib) INCOME TAX ACT, 1961
Section 68 Section 147
Where AO made addition under section 69C on account of bogus purchases and assessee sought quashing of assessment on the ground that AO did not confront assessee with material gathered by the Sales Tax Department, matter was remanded back to AO for adjudication afresh as the fact of non-confronting adverse material was simply an irregularity which could not lead to quashing of asseessment.
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Income from undisclosed sources - Addition under section 69C - Bogus purchases - AO seeking quashing of assessment on the ground of non-confronting of adverse material by AO
AO based on information emanated from sales-tax department, initiated reassessment proceedings and made addition under section 69C of entire purchases claimed by assessee holding the same to be bogus. Assessee sought quashing of assessment on the ground that AO did not confront assessee with material gathered by the Sales Tax Department on which addition was based. Held: The fact of non-confronting adverse material was simply an irregularity which could not lead to quashing of asseessment, however, addition was deleted because adverse material was neither confronted to assessee nor any opportunity of cross-examination was allowed and issue was remanded back to AO for adjudication afresh.
Followed:Pr. CIT v. Mohommad Haji Adam & Co. [ITA No. 1004 of 2016 with 1013 of 2016 with 1059 of 2016 with 1064 of 2016 with 1075 of 2016 with 1095 of 2016 with 1204 of 2016 with 1012 of 2016, dt. 11-2-2019].
REFERRED :
FAVOUR : Matter remanded.
A.Y. :
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