LAWS(DLH)-2010-8-112

COMMISSIONER OF INCOME TAX Vs. KISHORE APPARELS

Decided On August 30, 2010
COMMISSIONER OF INCOME TAX Appellant
V/S
KISHORE APPARELS Respondents

JUDGEMENT

(1.) CM 15149/2010 For the reasons stated in the application, delay in re-filing the appeal is condoned. Accordingly, application stands disposed of. The present appeal has been filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as "Act, 1961") challenging the order dated 8May, 2009 passed by the Income Tax (Signer's identity unknown) Signed by Neeraj Goel Time: 2010.09.04 11:39:50 +05'30' Reason: Location: Appellate Tribunal (for brevity "Tribunal") in ITA No. 4018/Del/2007 for the Assessment Year 2003-2004.

(2.) Ms. Prem Lata Bansal, learned counsel for the Revenue submitted that the Tribunal had erred in deleting the addition of 90,00,105/-on account of unverifiable purchases under Section 69 of Act, 1961 and addition of 90,32,014/-on account of unexplained expenses under Section 68 of the Act, 1961 by the Assessing Officer.

(3.) Ms. Bansal pointed out that the assessee did not even file the PAN detail and complete address of the parties. She submitted that the onus lay on the assessee to prove the genuineness of the parties from whom purchases had been made and on whom expenditure had been incurred.