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TMI Blog2014 (9) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... rom last one year, he is not doing any business and only for the year 2007-08 he had received a payment of ₹ 7,50,000 - He has nothing to do with the business of the assessee, so the liability shown to the assessee for ₹ 31,18,137/- is not connected with him - he clearly stated that no money is due on the assessee - Sri Ram Gopal Sharma is doing independent business - He is running a d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 29.01.2013 and 14.08.2013, passed by the Income Tax Appellate Tribunal, Agra in I.T.A. No.179/Agr/2012 for the assessment year 2008-09; and I.T.A. No. 190/Agra/2013 for the assessment year 2009-10. In both the appeals, issues are identical, so both the appeals are disposed of by this consolidated order for the sake of convenience. After hearing the learned counsel for the parties, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the C.I.T. (A) confirmed the same, but for the assessment year 2009-10, the addition was deleted by the C.I.T.(A). However, in both the assessment years under consideration, the Tribunal has deleted the additions. Being aggrieved, the department has filed the present appeals. With this background, heard Sri Shambhu Chopra, learned counsel for the department, who had justified the order passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment was made only for ₹ 7,50,000/- and entire balance amount was shown as outstanding. The sales were shown by Sri Ram Gopal Sharma in his sales tax returns. He relied on the ratio laid down in the case of Assistant Commissioner of Income Tax Vs. D.M. Brothers (2010) 78 CCH 0487 Alld. Lastly, he made a request that both the appeals may kindly be dismissed. After hearing both the partie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st one year. In these circumstances, the A.O. rightly rejected the books of account and made the additions on estimate basis. In the present case, jugglery of book entries has been played. Both the orders of A.O. appears reasonable, where he has rightly made the additions pertaining to the bogus purchases. In the peculiar circumstances of the case, the decision relied upon by the learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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