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2015 (4) TMI 58 - BOMBAY HIGH COURTCorrectness of the notice issued under section 158BC - Whether Commissioner of Income Tax (Appeals) did not grant full relief to the assessee and restricted it? - 10% of the sum of ₹ 8,98,36,614/- was held to be from inflated purchases by CIT(A) but deleted by tribunal - Held that:- if the books of accounts and other documents relevant for this purpose in terms of the Tribunal's conclusion establish that the assessing officer's conclusion that the purchases are bogus cannot be sustained, then, the sustainence to the extent of 10 / 11% by the Commissioner of Income Tax (Appeals) was also not justified and is unsustainable, that is only because it was based on loose sheets. On the strength of these loose sheets, a case of bogus purchase cannot be made out. There is no other evidence other than this and available on record with the assessing officer. It is in these factual circumstances that the order passed by the Commissioner even to the above extent has been set aside. We do not find that such conclusion and essentially on the facts as are to be found of the impugned order would raise any substantial question of law. The Tribunal's conclusions are consistent with all the documents and their contents. This is nothing but an attempt to seek re-appreciation and re-appraisal of such factual conclusion. - Decided against revenue.
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