9911796707
TMI Blog2020 (6) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... : Shri Alok Malviya ORDER PER BENCH: These two appeals preferred by the assessee emanates from the different orders of the Ld. CIT(Appeals)-6, Pune dated 15.12.2016 & 16.12.2016 for the assessment year 2010-11 as per the grounds of appeal on record. 2. At the time of hearing through video conference, neither the assessee nor his Authorized representative is available. However, the Ld. DR for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the report of the Sales Tax Department. The Ld. CIT(A) failed to properly appreciate the various judicial precedents quoted before him. The judicial view is only the profit percentage of such purchases can be estimated for addition and 100% addition of such purchases cannot be made. It be held accordingly. 2) The Appellant craves to leave, add/amend or alter any of the above grounds of appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us purchases. Being further aggrieved the assessee has preferred this appeal before us. 6. At the time of hearing through video conference, the Ld. DR for the Revenue has placed reliance on the ratio laid down by the Hon'ble Bombay High Court in the case of Pr.CIT Vs. Mohammad Haji Adam & Co. vide its judgment dated 11.02.2019 in ITA No.1004 of 2016. The Ld. DR further submitted that in such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence between gross profit rate on genuine purchases and gross profit rate of bogus purchases. Reverting to the facts of the present case and taking guidance from the said judgment of the Hon'ble Bombay High Court in the case of Pr.CIT Vs. Mohommad Haji Adam (supra.), we set aside the order of the Ld. CIT(Appeal) and restore the matter back to the file of the Assessing Officer for undertaking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudication, similarly penalty issue should also be restored back to the file of Assessing Officer in the interest of justice. In view of the matter, we set aside the order of the Ld. CIT(Appeals) in this appeal also and remit the matter of penalty issue back to the file of Assessing Officer to adjudicate in view of the quantum matter already in front of him as per law and after providing reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
