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TMI Blog2025 (1) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... n making 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 on Turnover declared by the assessee) 2009-10 10,61,090 2010-11 50,44,695 2011-12 1,14.90,458 2012-13 1,95,21,214 2013-14 32,68,357 2014-15 48,42,235 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 2009-10 as under:- "1. On the facts and circumstances of the case, the order passed by the learned CIT(A) is bad both in the eyes of law and on facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd during the course of search. 7. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in rejecting the contention of the assessee that the proceedings initiated under Section 153C is bad and the consequent assessment order is liable to be quashed in the absence of any satisfaction being recorded by the AO on the searched person that the incriminating material belonging to the assessee was found during the course of the search. 8. (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. 10,61,090/- made by the AO treating the sales/ purchases made by the assessee as not genuine. (ii) That the above addition has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee that assessment order has been passed by AO on the basis of surmises and conjectures, without there being any adverse material on record. 12. That the appellant craves leave to add, amend or alter any of the grounds of appeal." 3. We have heard both the parties and perused the records. Ld. Counsel for the assessee submitted that AO has made the additions of gross profit over and above the gross profit declared by the assessee without detecting even a single defect in the books of accounts. The AO has made the additions in respective assessment years by adding the same gross profit rate on the total turnover over and above the gross profit declared by the assessee. He further submitted in identical situation in verbatim order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We have carefully considered the submissions. We note that exactly similar issue has been dealt by the Coordinate Bench vide its order dated 24.10.2024 passed in ITA No. 3400/Del/2023 & ITA No. 3402/Del/2023 passed in the matter of Kamal Sharma vs. DCIT pertaining to assessment 2008- 09 & 2014-15, wherein, the Tribunal has deleted the similar addition by observing as under:- "9.4 Learned counsel for the assessee reiterated the submissions as made in the synopsis filed on behalf of the assessee and submitted that all relevant details in the form of books of accounts, copy invoices, GR, bilties etc. were filed before the Assessing Officer. The AO without detecting any defect in the books of accounts, rejected the same u/s 145(3) of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) TMI 750, dated:-15-1-2024 9.5 On the other hand, learned DR supported the orders of authorities below. 9.6 We have heard rival submissions and perused the material available on record. The stand of assessee is that all details in the form of books of accounts, copy invoices, GR, bilties etc. were filed before the Assessing Officer and the AO without pointing out any specific defect therein rejected the books of account u/s 145(3) and made the impugned addition of Rs. Rs. 12,86,416/- by applying the GP rate of 0.24% on the total turnover accounted by the assessee in its books of accounts. We fail to understand the reasoning of AO as at one hand he stated sale/purchase claimed to have been made by M/s Kamal Trading Company amounting t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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