Commissioner Of Income-Tax vs Orissa Steel Corporation Pvt. Ltd. on 24 May, 1982
12. We find that in the present case of the assessee, neither the
Assessing Officer nor the ld. D.R. at the time of hearing disputed the
purchases made by the assessee and once purchases are not doubted,
in such a scenario question of creditors being non-genuine does not
arise. As held by the Hon'ble Apex Court in CIT vs. Orissa Corporation
Pvt. Ltd. (supra), it was the duty of the Assessing Officer to ensure
production of those creditors before him and for the deeds of his
inaction, assessee cannot be held liable.