Friday, November 28, 2014

Where purchases were actually made and payment was made by account payee cheques, no disallowance could be made on account of undisclosed cash purchases

IT: Where purchases were actually made and payment was made by account payee cheques, no disallowance could be made on account of undisclosed cash purchases
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[2014] 50 taxmann.com 190 (Calcutta)
HIGH COURT OF CALCUTTA
Commissioner of Income-tax, Kolkata-XII
v.
Manish Enterprises*
SOUMITRA PAL AND ARINDAM SINHA, JJ.
ITAT NO. 51 OF 2014
G.A. NO. 1551 OF 2014†
AUGUST  21, 2014
Section 69 of the Income-tax Act, 1961 - Unexplained investments (Undisclosed cash purchases) - Assessing Officer made addition on account of undisclosed cash purchases and bogus sundry creditors - However, details of ledger account and copies of bill clearly indicated that purchases were made from these parties and payments were made through bank - All payments were made by account payee cheque which were duly debited in assessee's bank account and credited in bank account of suppliers - Whether since assessee had made purchases in actual which had been paid by account payee cheques, no disallowance coul

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