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2003 (2) TMI 148

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..... -wholesale basis. During the assessment proceedings it has been noticed by the AO that due to change in partnership firm during accounting period relevant to asst. yr. 1989-90 the assessee computed total income in two parts and accordingly separate sets of final accounts are prepared and filed. The sale declared by the assessee in the first part was Rs. 1,93,28,948 and in the second part it was Rs. 1,35,33,366 totalling to 3,28,62,314. During the assessment proceedings it has been noticed by the AO that sales-tax authorities made spot visit on 15th Sept., 1989, and seized books of accounts, etc. During the accounting period the assessee has shown purchases from M/s Raj Agro Oil Mills, Chikhli and Dilipkumar Co., Kabilpore who has alleged .....

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..... n of the AO under s. 145(2) of the Act. 5. The learned authorised representative submitted that the AO has wrongly made the impugned addition whereas the assessee has shown a better GP in the year under consideration and it is immaterial whether the purchases were made from the above-mentioned parties or from other parties but in fact the purchases were made. He further submitted that in asst. yr. 1990-91 the AO has accepted the GP declared by the assessee at 0.76 per cent while making assessment under s. 143(3). He submitted a xerox copy of the assessment order which is placed in Para 5 of the assessee's paper book. The learned Departmental Representative on the other hand supported the orders of the Revenue authorities. 6. After con .....

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..... eclared low GP at 0.21 per cent. according to which the calculation of addition comes to Rs. 69,010. We are, therefore, of the view that the addition of Rs. 69,010 is confirmed out of the total addition of Rs. 3,48,181 (1,56,853, 1,71,728 and Rs. 20,000). The AO is directed accordingly. ITA No. 1748/1996: 7. In this case the additions in dispute are Rs. 1,68,815 on account of purchases from Raj Agro Oils and Rs. 2,19,329 from Dilipkumar Co. and Rs. 25,000 on account of cost of goods. Since the facts of the case are identical to the case of ITA No. 1747 the action of the AO for invoking provisions of s. 145(2) is confirmed in this case also. In this case the assessee declared GP rate at 0.67 per cent in asst. yr. 1987-88, 0.99 per ce .....

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