DISALLOWANCE OF GENUINE PURCHASE AS BOGUS PURCHASE

This query is : Resolved

Purvi (Querist)
Follow

21 January 2011 HI ALL

IN ONE OF THE OUR CLIENTS SCRUTINY ASSESSMENT THE ACIT HAS PASSED THE DEMAND ORDER BY DISALLOWING THE GENUINE PURCHASE AS BUGUS PURCHASE ON THE GROUND THAT THE ASSESSEE IS FAILED IN PROOVING THE GENUINENESS OF THE PURCHASE TRANSACTION AND HAS NOT SUBMITE THE SUPPLIERS CONFIRMATIONS. THE ACIT HAS ALSO SEND THE SUMMONS TO THE SUPPLIERS BUT THEY DIDN'T REPLY.

FACTS :
THE ASSESSEE HAS SUBMITTED ALL THE DOCUMENTS DEMANDED BY THE ACIT DURING THE COURSE OF SCRUTINY ASSESSMENT. THE PURCHASES ARE 100% GENUINE PURCHASES AND THE ASSESSEE HAVE THE ALL ORIGINAL PURCHASE BILLS ALONG WITH THE LR / TRANSPORTER RECEIPTS AND ALL THE PAYMENT FOR PURCHASES ARE MADE THROUGH THE CROSS CHEQUE OR BY THE DEMAND DRAFT.

NOW ASSESSEE WANT TO FILE THE APPEAL FOR THE SAME, SO CAN YOU TELL ME ON WHICH GROUND HE CAN FILE APPEAL AGAISNT THE ORDER.

IS THERE IS ANY CASE LAW ON THIS, PLEASE PROVIDE ME THE SAME AS EARLIEST.

Guest

Guest (Expert)

21 January 2011 Ground will be the genuiness of purchases which will be depending on facts & circumstances of the case. Develop your case nicely with hard work

Purvi

Purvi (Querist)
Follow

22 January 2011 If any one know about related case law then, please provide me the same. so, i can refer that in preparing appeal.

Upgrade to CAclubindia Pro. Subscribe Now!

Guest

Guest (Expert)

24 January 2011 You may get a lot of case laws but subject to facts & circumstances of your case. A case law can not be applied as a thumb rule. If you will be able to prove genuiness of purchase bills, you get success.

Purvi

Purvi (Querist)
Follow

25 January 2011 Thank You Sir