M/S. PREMIER ENGINEERS ,MUMBAI vs. ITO, 19(2)(5), MUMBAI

At the time of hearing of appeal, though none appeared for assessee, but the material on record was sufficient for disposal of appeal. The Ld. Sr. DR pleaded for dismissal of appeal by submitting that the assessee failed to appear before any of lower authorities.

The material facts are that the assessee being resident firm stated to be engaged in trading of metals was assessed for the year under consideration u/s 144 r.w.s. 147 on 13/03/2015 in view of the fact that pursuant to receipt of certain information from Sales Tax Authorities, it transpired that the assessee obtained bogus purchase bills for Rs.6.18 Lacs from 6 parties as detailed in the assessment order. Accordingly, the case was reopened as per due process of law vide issuance of notice u/s 148 on 30/03/2014. The assessee did not file any return in response to the same. The notices issued u/s 133(6) to these suppliers did not elicit any satisfactory response which led Ld. AO to disallow these purchases. 3. Though the assessee filed written submissions before Ld. CIT(A), however, it again failed to substantiate the purchase transactions. Consequently, the action of Ld. AO was upheld. Aggrieved, the assessee is under further appeal before us. 4. Upon perusal of orders of lower authorities, we find that the assessee has miserably failed to prove the purchase transactions. Both the authorities have passed a reasoned and judicious order. Even no return of income has been filed by the assessee in response to notice u/s 148. Therefore, finding no reason to interfere in the impugned order, we dismiss the appeal. 5. The appeal stands dismissed. Order pronounced on 05th April, 2021.