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2017 (10) TMI 54 - AT - Income TaxAddition on account of bogus purchases - Reopening of assessment - CIT(A) deleted the addition observing that assessee has not given copy of statement and other documents by relying on which AO has made addition, thus, the opportunity to cross examination was not given by the AO - Held that:- CIT(A) relied on the decision of the Bombay High Court in case of HR Mehta [2016 (7) TMI 273 - BOMBAY HIGH COURT] and held that not giving opportunity to cross examine the deponents of the statement relied by the AO would render addition made by AO null and void. Even on merits, CIT(A) dealt with the issue threadbare and after taking into account average value addition made by the assessee in respect of each and every item of raw materials so purchased from the alleged suppliers reached to the conclusion that there is no evidence of over invoicing of purchases alleged by the AO. Detailed finding so recorded by CIT(A) are as per material on record and has not been controverted by learned DR by bringing any positive material on record. Accordingly, we do not find any reason to interfere in the findings recorded by CIT(A) resulting into deletion of addition . In the result, appeal filed by revenue is dismissed.
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