Itxa/64/2011 Of Dharmik Exim Pvt. Ltd v. Commissioner Of Income Tax -Ix

mlns IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 64 OF 2011 Dharmik Exim Private Ltd- ..Appellant. V/s. Commissioner of Income Tax-IX Mumbai. ..Respondent. Mr.Pankaj R. Toprani for the appellant.Mr.Suresh Kumar for the respondent. CORAM : J.P. DEVADHAR AND A.R. JOSHI, JJ. DATED : 9TH JANUARY, 2012 P.C. :- 1.Whether the ITAT was justified in disallowing the purchases made by assessee from 8 parties amounting to Rs.3.79 crores, is the question raised in this appeal. The ITAT has dismissed the appeal filed by the Assessee mainly on the ground that the assessee failed to furnish the permanent account numbers of the 8 parties from whom the assessee claimed to have made purchases. It is the case of the assessee that the permanent account numbers of the 8 parties were in fact furnished during the course of assessment proceeding. The assessee has also filed an affidavit and stated on oath that the purchases made were from genuine parties whose permanent account numbers have been set out in the said affidavit. Since the assessee has furnished the permanent account numbers of the 8 parties from whom the purchases have been made by the assessee, we set aside the order of ITAT in so far as it relates to disallowing purchases amounting to Rs.3.79 crores and restore the matter to the file of ITAT for fresh consideration of the issue. 2. The appeal is disposed off accordingly with no order as to costs. (A.R. JOSHI, J.) (J.P. DEVADHAR, J.)