TMI Blog2013 (9) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... chases made by the assessee from the said concern were bogus except the general statement recorded by the Department in the case of Shri Rakesh Kumar Gupta, which was later on retracted. In absence of any material brought on record against the submissions made by Shri Rakesh Kumar Gupta in his letter dated 20/12/2009 filed before the AO of the assessee the addition, if any, made in the case of the assessee will be based on presumption only and it cannot be sustained in the eyes of law. As against that assessee has submitted various evidences to show that the actual delivery of the goods was received by the assessee from the said party which has not been discarded by the AO. The addition sustained by Ld. CIT(A) is also on presumption basis. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase and in law, the ld. CIT(A) erred in confirming the reopening of assessment u/s. 147 of the Act as valid merely on general statement of Shri Rakeshkumar Gupta that was made by him in the course of survey u/s. 133A at his premises. The reopening of assessment is bad in law and needs to be quashed. 4.1 The Counsel before us stated that under the instruction from his clients the above stated common ground for all the years is not pressed. This ground for all the years is accordingly dismissed. 5. Ground No.2 in Assessee's appeal for all the assessment years under consideration reads as under, except that, the figures may differ in every assessment year under consideration. We are taking the ground for assessment year 2002-03. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the circumstances of the case, the ld. CIT(A) after having accepted the fact that the purchase made from or through Shri Rakeshkumar Gupta and his family members are bogus, erred in law in not confirming the addition at least to the extent of peak of the purchases made from such parties on account of bogus purchases made in cash from the open market out of unaccounted cash in view of the decision held in Ahmedabad Hon'ble ITAT's C-Bench decision decided in the case of Vijay Proteins Ltd. vs. ACIT 58 ITD 428. 6. Briefly stated, the facts of the case are that the Assessee is engaged in the trading of textile goods. During the course of assessment proceedings, the AO observed that the Assessee has purchased goods interalia, from c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aining addition made by AO. The Counsel for the Assessee submitted before us that one of the orders considered by the CIT(A) while disposing the appeal was in the case of M/s. Jeetendra Harshadkumar Textiles. The Counsel further submitted that in that case the Tribunal had the occasion to consider the validity or otherwise of the addition made on the basis of the very same statement of Shri 5 .C.Chhotalal Company A.Ys.02-03 to 09-10 Rakeshkumar Gupta which has been relied upon by AO in the case of the Assessee under consideration. The Counsel submitted the order of the Tribunal in ITA No.2211/Mum/2011. It is the say of the Counsel that in all the appeals under consideration facts and issues are identical and, therefore, the decision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground that I have given accommodation bill, 6 .C.Chhotalal Company A.Ys.02-03 to 09-10 though I have denied the content of the statements recorded by A.O. u/s. 133A 131 vide my letter dated 27.4.2009 and my affidavit dated 20.2.2009 submitted to ward 14(3)(2). It is physically impossible for me to attend before various income tax authorities, as I am not feeling well, it will not possible for me to attend before your goodseif in response to your above mentioned summons. As regards M/s. Jitendra Harshad Kumar Textiles Pvt. Ltd. is concerned. I have already given my affidavit wherein I have specifically stated that I have sold the goods to M/s. Jitendra Harshad Kumar Textiles P. Ltd. and the consideration is received to me by cros ..... X X X X Extracts X X X X X X X X Extracts X X X X
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