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Commissioner of Income Tax Central, Patna Versus Inter Pharmaceuticals (I) Pvt Ltd

2015 (6) TMI 137 - PATNA HIGH COURT

Reopening of assessment - bifurcation of income - the entire income from receipt against non-supply to AH Department as the income of the assessee, whereas the income from admitted supply to AH Department was to be treated as 10 per cent of the supply made - Held that:- As the figures of supplies are concerned, the same are derived from the audited accounts and the figures of the CBI by the Assessing Officer as well as the Appellate Authorities and the same are not in dispute. Once it is accepte .....

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the appellant. The appeal has been filed against the order dated 29.08.2008 passed by the Income Tax Appellate Tribunal, Patna Bench, Patna in ITA No.64/Pat/05 with respect to the assessment year 1996-97 by which the Tribunal has upheld the order dated 15.10.2004 passed by the Commissioner of Income Tax (Appeals), Jamshedpur. The assessee was supplier of medicines and chemicals to various parties including the Animal Husbandry Department (AHD) of the Government of Bihar. Pursuant to a notice un .....

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e of the assessee and so also with regard to the remaining supplies of ₹ 68,64,725/- made to other parties the Assessing Officer came to the conclusion that neither purchases nor closing stock nor any papers relating to such transaction could be verified because of non-production of any evidence in the matter, hence the balance amount is also taken as income in the hands of the assessee. Aggrieved by the same, the appellant approached the CIT (Appeals) by filing the appeal. The CIT (Appeal .....

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o AH Department as the income of the assessee, whereas the income from admitted supply to AH Department was to be treated as 10 per cent of the supply made. Similarly, with regard to income from supply to the private (i.e. non- AHD) parties CIT (Appeals) came to the conclusion that while it is understandable that the appellant, in connivance with some government servants, has fraudulently earned income from a government department thus putting the general public at loss, there is no reason why p .....

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