The Commissioner Of Income Tax 18 v. M/S. Modi Metallizing Syndicate

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6943 OF 2010 The Commissioner of Income Tax 18...Appellant.Vs. M/s. Modi Metallizing Syndicate...Respondent. .... Mr. D.K. Kamal, for the Appellant. Ms. Aasifa Khan, for the Respondent. .... P.C. CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 14th DECEMBER, 2011. 1.Whether the ITAT was justified in deleting the addition of Rs.12,40,400/- made on the ground that the purchases made from M/s. M.D. Corporation were bogus, is the question raised in this Appeal. 2.In the original assessment order, the Assessing Officer made addition of the above amount based on the letter addressed by M/s. M.D. Corporation to the effect that there were no transactions with the assessee. Admittedly, during the pendency of the appeal, the CIT(A) had sought remand report from the Assessing Officer regarding the actual purchase stock with reference to the stock register. On verification of the stock the Assessing Officer did not find any discrepancy in the purchase stock register and accordingly submitted the remand report. Since the stock lying with the assessee as per the stock register included the stock purchased from M.D. Corporation and the payments in respect thereof were made through banking channel, the CIT(A) as also the ITAT disbelieved the letter addressed by M. D. Corporation and held that the purchases were genuine. Accordingly, the addition made by the Assessing Officer on account of the alleged purchases, were deleted. In our opinion, the decision of the ITAT is based on finding of facts and, hence we see no reason to entertain the appeal. Accordingly, the Appeal is dismissed. (A. R. JOSHI, J.) (J. P. DEVADHAR,J.)