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TMI Blog2017 (1) TMI 1823X X X X Extracts X X X X X X X X Extracts X X X X ..... T, J.M. The revenue has filed this Misc. application on 16/12/2016 seeking recalling of the order of the ITAT, Jaipur Bench, Jaipur dated 25/05/2015 passed in ITA No. 798/JP/2011 for A.Y. 2007-08. 2. In this Misc. application, the revenue has submitted that the Hon'ble Tribunal has set aside the assessment to decide the issue of estimation of income on account of bogus/unverifiable purchases to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Hon'ble High Court, therefore an assessment cannot be kept in abeyance till such order of the Hon'ble High Court. Further, it was submitted that it is mentioned in the Tribunal order that Departmental Representative had stated that the issue in question may be decided as per the judgment of Hon'ble ITAT dated 22.10.2014 rendered in the case of Anuj Kumar Varshney & others vs. ITO. This obse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble on record. There is merit in the proposal of both the parties. Accordingly the issue raised in assessee's appeal is set aside and restored back to the file of the AO to decide the same afresh after the judgement of Honb'le Rajasthan High Court in the case of Anuj Kumar Varshney & others (supra) is delivered, after giving adequate opportunity of being heard to the assessee. Thus the appeal of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s passed by the Principal Chief Commissioner or chief Commissioner or Principal Commissioner or Commissioner." 6. From the perusal of material available on record, it is noted that only issue involved in the assessment proceedings related to rejection of books of accounts on account of unverified purchases and estimation of appropriate gross profit rate thereon. The AO had applied 25% gross prof ..... X X X X Extracts X X X X X X X X Extracts X X X X
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