TMI Blog2020 (8) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... allowance has been made by the AO in the order giving effect to the order passed by the ld. CIT u/s.263 by following the directions of the ld. CIT. Hence, practically the hands of the ld. AO are tied which could be evident from the observations made by the ld. Administrative CIT in his Section 263 order. As stated earlier, the assessee should have preferred an appeal before this Tribunal against the order passed u/s.263 which was not done in the instant case. In this scenario, the assessee cannot have any grievance over the action of the ld. AO in making the disallowance of purchases by following the directions of the ld. CIT u/s.263. Accordingly, we feel that this appeal itself is not maintainable before us. - Decided against assessee. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the interest of substantial justice, we deem it fit and appropriate to condone the delay of 172 days by placing reliance on the decision of the Hon ble Apex Court in the case of Collector, Land Acquisition vs. MST Katiji reported in 167 ITR 471 and admit the appeal for adjudication. 3. The only issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in upholding the disallowance made on account of unverifiable purchases to the tune of ₹ 9,78,420/- in the facts and circumstances of the instant case. 3.1. We have heard rival submissions and perused the materials available on record. We find that assessee is engaged in the business of retail stores under the name and style of One retail . The assessee had fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting dated 15/12/2011 clearly establish that such claim of purchases was not correct. As the Assessing Officer has not considered such disallowance in the order passed on 15.12.2011, the same is erroneous and prejudicial to the interest of revenue. The assessment is accordingly set aside to the A.O. for completing afresh after giving adequate opportunity of bearing heard to the assessee. 3.2. From the aforesaid order, it could be seen that the ld. Administrative CIT had practically made up his mind by directing the ld. AO to disallow the purchases from United Marketing in the sum of ₹ 9,78,420/-. In our considered opinion, the assessee should have preferred the appeal before this Tribunal against the said revision order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... echnology and Trade Pvt. Ltd., This squarely proves the identity of the said supplier. However, we find that the disallowance has been made by the ld. AO in the order giving effect to the order passed by the ld. CIT u/s.263 by following the directions of the ld. CIT. Hence, practically the hands of the ld. AO are tied which could be evident from the observations made by the ld. Administrative CIT in his Section 263 order as reproduced supra. As stated earlier, the assessee should have preferred an appeal before this Tribunal against the order passed u/s.263 of the Act, which was not done in the instant case. In this scenario, the assessee cannot have any grievance over the action of the ld. AO in making the disallowance of purchases by f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
