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Showing contexts for: sikkim ferro in Harisons Steel Ltd, Wada Thane vs Dcit 12(2)(2) , Mumbai on 10 June, 2024Matching Fragments
P a g e |2 ITA Nos. 3943 & 3957/Mum/2023 Harisons Steel Ltd. Vs. DCIT-12(2)(2) Ground No 2 :- Cross Examination Opportunity The learned CIT(A) erred in giving Opportunity of Cross Examination of M/s Sikkim Ferro Alloys Ltd. and its Group Concern, on the basis of statement given by them the learn AO relied and make a such huge additions without verification of the facts, which is against principle of natural justice.
2. The learned CIT(A) has erred in disallowing 12.5% of total purchase of Rs.1,30,44,35,730/- relevant to the cenvat credit purchase on adhoc basis and without pointing out Purchases from which parties are not genuine."
2. Fact in brief is that return of income declaring total income at Rs.5,47,74,130/-was filed on 30.09.2011. In this case original assessment u/s 143(3) r.w.s 147 of the Act was made on 29.11.2013 determining total income at Rs.5,90,14,418/-. Thereafter assessing officer has received information from the DCIT, Central Circle 6(4), Mumbai that during the course of survey proceedings in the case of M/s Sikkim Ferro Alloys Limited and its group concerns documents related to the assessee in the form of show cause notice issued by the DGCEI was found wherein it was seen that the assessee had obtained invoices from certain entities for purchase of S.S. Pipes/sheets etc. as against the actual purchase of scrap from small dealers. On the basis of said information the assessment was reopened u/s 147 by issuing of notice u/s 148 of the Act on 28.03.2018. The AO stated that during the course of survey action in the case of M/s Sikkim Ferro Alloys Ltd.
AAACH8891D for A.Y.: 2011-12
1. The return of income in this case for A Y 2011-12 was e-filed by the assessee on 30.09.2011 declaring total income at Rs.5,47,74,130/-. The return was processed u/s 143(1) of the Act. Further assessment order u/s 143(3) r.w.s.147 was completed on 29. 11 2013 determining total income at Rs.5,90,14,418/
2. Subsequently, specific information was received in this office from the office of the DDIT(INV), Unit -6(4), Mumbai vide letter dated. 09.03.2017, that a survey action was conducted by Unit-6(4), Investigation Directorate, Mumbai in the case of M/B Sikkim Ferro Alloys Ltd and its group concerns.