TMI Blog2022 (5) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee that material referred in the assessment order was the copy of ledger account of the assessee which was regularly accounted in the books of account of the assessee. Therefore, in the light of the above facts and circumstances we consider that when assessment in the case of the assessee already had been completed prior to date of search in such circumstances in the absence of any incriminating material the addition made by the A.O is not justified, therefore, this ground of appeal of the assessee is allowed. - ITA Nos.2415, 2417, 2419/Mum/2015 And ITA Nos.2920 to 2926/Mum/2015 - - - Dated:- 20-4-2022 - Shri Amarjit Singh, Judicial Member And Shri Amarjit Singh, Accountant Member For the Appellant : Shri Neelkanth Kha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lants submit that the said submission have already been made before Ld. CIT(A) in their written/ verbal submissions filed by the appellants but the same was not considered by Ld CIT (A) (a copy of the relevant extract is annexed hereto and marked as Exhibit 'B'). This fact is also mentioned in this impugned Order in para No. 32. The relevant portion of this para is reads as under: Before parting, we may add that the Id. Counsel of the assessee has submitted a chart that in these eases assessments were Completed and addition in assessment in these cases u/s 153 A have been made de hors any incriminating material found on search relating to the addition. In this regard, the Id. Counsel of the assessee submitted that this aspect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int as stipulated in Sec 153 A was pressed abundantly at all stages in their written as well as verbal submissions. The appellants reiterate that this was pressed in many ways and at all levels by the appellants. After having gone through the grounds as mentioned above and submissions of both the parties and orders passed by us in the main appeal, we find that since we have already given a categorical finding in para no. 32 of the order dated 09.11.17 wherein it has been categorically mentioned that assessee had not taken any such ground nor had raised the issue earlier and even Ld. Counsel of the assessee did not press the matter further. Nevertheless, if this part of misc. application is allowed and the appeal of the restored qua t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. CIT(A) confirmed the disallowance to the extent of Rs.44,89,830/- being 15% of the total purchases of Rs.299,32,190/- made by the assessing officer. The ld. Counsel contended that during the course of search not any incriminating material were found and assessment in these cases were already completed and page nos. 72 to 88 referred by the A.O were pertained to the duly recorded ledger accounts available in the regular books of account which were already considered in the assessment made in the case of the assessee and there was not any incriminating material on the basis of which addition was made in the case of the assessee. On the other hand, the ld. D.R. supported the order of the lower authorities. 5. Heard both the sides an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee had submitted the details of corresponding sales against purchases from BGPPL to the A.O and there cannot be sales without corresponding purchases. If the purchases were considered to be bogus, the sales must also be bogus and the ld. CIT(A) held that the assessee might have made purchases from grey market, therefore, he has restricted the disallowance to the extent of 15% of the impugned purchases. This appeal was recalled by the ITAT on the limited issue of addition made by the A.O without any incriminating document. The ld. CIT(A) has restricted the addition to 15% of such purchases and the ITAT vide order dated 09.11.2017 sustained the addition to the extent of 12.5% of such purchases. During the course of assessment the A.O ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment order was the copy of ledger account of the assessee which was regularly accounted in the books of account of the assessee. Therefore, in the light of the above facts and circumstances we consider that when assessment in the case of the assessee already had been completed prior to date of search in such circumstances in the absence of any incriminating material the addition made by the A.O is not justified, therefore, this ground of appeal of the assessee is allowed. ITA No. 2417 2419/Mum/2015 6. The ITAT vide its order dated 28.05.2018 has also recalled its order on the similar issue on identical facts, therefore, applying the finding of 2415/Mum/2015 as mutatis mutandis these appeals of the assessee are also allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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