2012 (10) TMI 513

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..... ORDER   PER A.D. JAIN, JUDICIAL MEMBER   The appeals are filed by the department and the Cross Objections by the assessee. They are directed against the order dated 14.05.2012 passed by the CIT (A)-II, Delhi, for Assessment Years 2003- 04 to 2008-09. 2. None has put in appearance on behalf of the assessee. However, a written submission has been filed. 3. The grievance raised by the d .....

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..... t pertinently, the books of account of the assessee had not been rejected by the Assessing Officer, and so, there is no question of any disallowances of purchases u/s 69C of the Act. The Ld. CIT (A) placed reliance on the decision of the Hon'ble Delhi High Court in the case of "CIT vs. M/s Radhika Creation", rendered in ITA No.692/2009. These observations were made by the Ld. CIT (A) after callin .....

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..... e as that in "Blue Luxury Impex Pvt. Ltd". The Assessing Officer in the two cases is also the same. The trade of both the assessees is one and the same i.e., trade of textiles. Then, in both cases, books and stock register were filed and the Assessing Officer did not reject the same. The Ld. CIT (A) has, as noted hereinabove, taken into account the fact that all the sales made by the assessee stoo .....

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..... ted the assessee's income from undisclosed sources. The sale transactions with M/s Micron Textiles were got confirmed by the Assessing Officer on a test check basis. No more inquiries were made by the Assessing Officer thereafter. The assessee's books of account were audited books of account. The tax audit report was on record. The auditors had not made any negative observation therein. All these .....

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..... vance of the department in its appeals having been so rejected, the Cross Objections raised by the assessee are rendered only academic and they are dismissed as such. 12. In the result, all the appeals filed by the department are dismissed and all the Cross Objections filed by the assessee are dismissed as infructuous. The order pronounced in the open court on 12.10.2012.
Case laws, Decision .....

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