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2016 (3) TMI 1368 - ITAT DELHIReopening of assessment - bogus purchases - HELD THAT:- Orders of the Tribunal including that of the Unique Metal Industries [2015 (10) TMI 2753 - ITAT NEW DELHI] the AO had recorded similarly worded reasons and name of the parties form which the assessee alleged to have made bogus purchases were also same ex cept the amount mentioned therein in the reasons recorded in the tabular form are same as in the case of the present assessee. Therefore, we have no alternative but to follow the decisions of the Tribunal in the case of the order of the Tribunal in the case of Unique Metal Industries [supra] and other as mentioned hereinabove. Therefore, we are of the considered opinion that the initiation of reassessment proceedings as well a s issuance of notice u/s 148 of the Act was not valid and the same was void ab initio and thus we quash the same and subsequently the assessment order passed in pursuance thereto is also quashed. Accordingly, Ground Nos. 2 and 3 of the assessee are allowed. Bogus purchases - Addition of 20% purchases made by the assessee during F.Y. 2005-06 pertaining to A.Y 2006-07 - HELD THAT:- On specific query from the Bench, the ld. DR could not bring to our notice any cogent or relevant material or evidence which may compel us to take a different view which could lead us to not to follow the decision of the coordinate benches of the Tribunal in the case of Unique Metal Industries [supra] and other relevant orders. We therefore, respectfully following the decision of the Tribunal in the case of Unique Metal Industries [supra] which deleted the addition as sustained by the ld. CIT(A) being 20% of the purchases made by the assessee during the relevant F.Y. Consequently, the grounds of the assessee on merits are also allowed.
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