Section 145 and bogus purchases
This query is : Resolved
16 December 2007
Sir,
A assessee has purchased goods from parties. The AO asked to produce the parties for verification. The parties not appearing before AO. The AO on the basis of some information claims that these parties are bogus parties and have only supplied bills and not actually deliered goods to the Assessee. This information is based on the basis of statment obtained in a search cases wherein the that person has stated that he has taken bills only and not goods and supplied list of these parties. In this list few name of parties are same from whom the assesee has also purchased goods. But there is no denial of our parties that they have not supplied goods to our assessee. The confirmation statement, PAN and TIN of our parties submitted.
Is any High Court decision in this regared, that the assessee is not under compulsion to produce the parties and what ever could be posssible at the assessee hand has been done, now it is for the Department to prove with positive evidence that these parties are bogus and have not supplied goods to our assessee. What action should be taken by the assessee in this matter.
R K Dhandia
A assessee has purchased goods from parties. The AO asked to produce the parties for verification. The parties not appearing before AO. The AO on the basis of some information claims that these parties are bogus parties and have only supplied bills and not actually deliered goods to the Assessee. This information is based on the basis of statment obtained in a search cases wherein the that person has stated that he has taken bills only and not goods and supplied list of these parties. In this list few name of parties are same from whom the assesee has also purchased goods. But there is no denial of our parties that they have not supplied goods to our assessee. The confirmation statement, PAN and TIN of our parties submitted.
Is any High Court decision in this regared, that the assessee is not under compulsion to produce the parties and what ever could be posssible at the assessee hand has been done, now it is for the Department to prove with positive evidence that these parties are bogus and have not supplied goods to our assessee. What action should be taken by the assessee in this matter.
R K Dhandia
17 December 2007
The assessing officer has the right to demand proof for the claim for deduction. What evidences were produced by the assessee to substantiate his claim is the crux of the matter.
17 December 2007
YOUR QUERY MENTIONS THAT THE PERSON HAS SAID THAT HE HAS TAKEN BILLS ONLY, IF THAT PERSON IS THE ASSESSEE HIMSELF HE HAS ALREADY CONFESSED AND IF HE IS NOT ASSESSEE THEN ASSESSEE HAS TO SUBSTANTIATE HIS CLAIM TO THE BEST OF HIS PRUDENCE
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