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2022 (3) TMI 169 - AT - Income TaxValidity of Reopening u/s 147 - non-issuance of notice under section 143(2) - HELD THAT:- In view of the decision of the hon'ble Supreme Court in the case of CIT v. Laxman Das Khandelwal [2019 (8) TMI 660 - SUPREME COURT] wherein it has been categorically held that non-issuance of notice under section 143(2) of the Act is a jurisdictional defect and cannot get cured by section 292BB of the Act, the reassessment framed in the hands of the assessee for the assessment year 2009-10 is herewith quashed. Estimation of income - bogus purchases - profit percentage was restricted to 12.5 per cent. - HELD THAT:- The assessee from its side had discharged its onus by filing all the relevant documents together with the confirmation from the said supplier including the PAN card, Aadhaar card, Income-tax return details of the supplier, among other relevant details. Hence, it could be conclusively proved that the assessee had discharged its onus to prove the genuineness of the purchases and merely because notice under section 133(6) of the Act, which had been duly served but not responded by the supplier, no adverse inference could be drawn on the assessee. We also find that absolutely no adverse inference has been drawn on the lower authorities on the documents furnished by the assessee. Hence, no addition could be made in the peculiar facts and circumstances of the instant case in the light of decision of the hon'ble jurisdictional High Court in the case of Pr. CIT v. Vaman International P. Ltd. [2020 (2) TMI 464 - BOMBAY HIGH COURT] Thus we hold that no addition could be made on account of alleged ingenuine purchases in the peculiar facts and circumstances of the instant case. Accordingly, the grounds raised by the assessee on the merits are allowed for both the years. - Decided in favour of assessee.
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