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2021 (2) TMI 1128

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..... partly allowed. - ITA NO. 6078/DEL/2016 (A.Y.: 2011-12) - - - Dated:- 14-1-2021 - SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Department by: Ms. Pratima M. Biswas, CIT(DR) Assessee by: Sh. Shashwat Bajpai, Advocate Sh. Sharad Agarwal, Adv. ORDER PER H.S. SIDHU, JM: This appeal filed by the Revenue against the Order of Ld. CIT(A)- .....

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..... , Ld. Counsel for the assessee stated that similar issue has already been decided in favour of the assessee by the ITAT, A Bench, New Delhi in the group case of assessee i.e. M/s Becon Constructions Pvt. Ltd. vs. ACIT, Central Circle-8, New Delhi in ITA No. 5034/Del/2016 (AY 2012-13) vide order dated 24.12.2020. He further stated that the Judicial Member was the Author of this order. He further .....

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..... e case of M/s Becon Constructions Pvt. Ltd. vs. ACIT (Supra). For the sake of convenience, the relevant portion of the aforesaid case i.e. para no. 4.1 at page no. 14 of the Tribunal s order dated 24.12.2020 is reproduced as under:- 4.1 Coming to the alternative arguments of the Ld. AR that in the case of bogus purchases, if they are not written off or reduced from the closing stock then, nec .....

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..... ion left with the revenue is to make the addition of the gross profit embedded in the bogus purchases. Accordingly, the ground no. 1 of the appeal is partly allowed. 3.1 Keeping in view of the facts and circumstances of the present case and the arguments advanced by the Ld. Counsel for the assessee as well as order dated 24.12.2020 of the Tribunal as reproduced above, we are of the considered .....

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