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| The Tax Publishers2019 TaxPub(DT) 8307 (Mum-Trib) INCOME TAX ACT, 1961
Section 143(3)
Addition could not be made or lack of response from creditors/purchase party and more so when goal posts were shifted by calling upon assessee at the last minute to provide various details from books of the suppliers over whom assessee had no control. Under these facts and circumstances, addition was uncalled for.
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Assessment - Addition to income - Unproved expenses - Lack of response from purchase party
AO called for the information under section 133(6) from some parties with whom assessee had entered into business transactions. AO in some cases were received replies while in some cases notices were either not served or not respondend details of the information gathered by AO from 7 parities was at variance with details filed by assessee and accoridngly assessee was required to reconcile the said discrepancies with its books of account. But, assessee failed to do so and accordingly, AO made addition on account of unproved expenses. Held: Addition could not be made or lack of response from creditors/purchase party and more so when goal posts were shifted by calling upon assessee at the last minute to provide various details from books of the suppliers over whom assessee had no control. Under these facts and circumstances, addition was uncalled for.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2000-01
INCOME TAX ACT, 1961
Section 145(3)
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