9911796707
TMI Blog2025 (1) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... king the following additions of gross profit over and above the gross profit declared by the assessee:- AY Addition made by the AO (GP rate declared by the assessee * Turnover declared by the assessee) 2008-09 19,67,241 2009-10 54,06,756 2010-11 73,26,768 2011-12 1,21,54,164 2012-13 66,01,526 2. Against the above order, assessee is in appeal before us. Since common grounds have been raised in all the appeals, except the difference in figures of additions. Therefore, for the sake of brevity, we are only reproducing the grounds of appeal pertaining to AY 2008-09 as under:- "1. On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals) [CIT (A)] is bad both in the eye of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. (i) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the addition of Rs. 19,67,241/- made by the AO treating the sales/ purchases made by the assessee as not genuine. (ii) That the above addition has been confirmed despite the same has been made on estimated basis by arbitrarily rejecting the explanations and the evidences brought on record by the assessee. (iii) Without prejudice to the above, the CIT(A) has erred in rejecting the contention of the assessee that profit on the sale transaction has already been declared by the assessee, and thus, the addition made by the AO will lead to double taxation of income in the hands of the assessee. 7. (i) On the facts and ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the Gross Profit in its books of accounts on the total turnover over and above the gross profit declared by the assessee. He further submitted in identical situation in verbatim order of the AO, similar addition has been deleted by this Tribunal vide its order dated 24.10.2024 passed in ITA No. 3400/Del/2023 & ITA No. 3402/Del/2023 in the matter of Kamal Sharma vs. DCIT pertaining to assessment 2008-09 & 2014-15, which has been followed in order dated 10.12.2014 passed in ITA 1219/Del/2023, 1220/Del/2023, 1221/Del/2023 and 3401/Del/2023 in the matter of Kamal Sharma pertaining to assessment years 2010-11 to 2013-14. 4. Per contra, Ld. DR relied upon the orders of the authorities below. However, she did not dispute that the issue is co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Andaman Timber Industries v. CCE 2015 SCC Online SC 1051 he submitted that no adverse inference could be drawn against the assessee on the basis of statement recorded without giving assessee to cross examine the same. In support of his contention learned counsel also placed reliance on following judgments: - ITAT Delhi in the case of Mis. Maple Destinations And Dreambuild Pvt. Ltd. Versus DCIT, Circle - 16 (1), New Delhi, 2024 (3) TMI 1071, dated: 21-3-2024 - ITAT Delhi in the case of M/S. Rswn Ltd. Versus DCIT, Central Circle-31, New Delhi, 2024 (2) TMI 278, dated: 31-1-2024 - ITAT Delhi in the case of Divya Exim Pvt. Ltd. C/O. Kapil Goel, Adv., Renu Jain C/O. Kapil Goel, Adv., Nisha Jain C/O.Kapil Goel, Adv. Versus DCIT Central C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the same set of facts for Assessment Year 2008-09 and 2014-15 and in the absence of any change of facts or circumstances pointed out by the Department, by respectfully following the order of the Co-ordinate Bench in ITA No. 3400 and 3402/Del/2023 (supra), we set aside the addition made by the A.O. which have been confirmed by the Ld. CIT(A) in so far as Assessment Year 2010-11 to 2013-14. 6. Considering the fact that the Co-ordinate Bench of the Tribunal has deleted the similar additions on the same set of facts for Assessment Years 2008-09 and 2014-15, which has also been followed in assessment years 2010- 11 to 2013-14, as aforesaid and in the absence of any change of facts or circumstances, by respectfully following the orders of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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