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2022 (9) TMI 185

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..... after including the transportation charges i.e. carriage inward of Rs. 9,12,800/- and reducing the insurance chatai of Rs. 6,600/- which are already included in the purchase bills, the figure of total purchase will arrive at Rs. 1,95,69,785/- which matches with the figure of purchases shown in the audited trading account for the financial year 2012-13 at Rs. 1,95,69,785/-. Under these given facts and circumstances, as on reconciliation of the purchase figure as discussed above, there remains no case of over statement of purchases. Appeal of assessee allowed. - I.T.A. No. 413/Kol/2022 - - - Dated:- 31-8-2022 - SRI MANISH BORAD , ACCOUNTANT MEMBER Sh. Somnath Ghosh , Adv. , appeared on behalf of the Assessee Sh. Biswanath Das .....

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..... law. 3. FOR THAT on a proper conspectus of material on record, preponderance of probabilities and circumstances attending, the specious action of the Ld. Commissioner of Income Tax (Appeals), NFAC in upholding the assumption of the Ld. Income Tax Officer, Ward 24(2), Hooghly of resorting to the impugned disallowance of Rs. 9,06,200/- is based on extraneous parameters not germane to the issue, which is completely unfounded, unjustified, and untenable in law. 3. On perusal of the grounds raised by the assessee, I find that the solitary grievance is against the disallowance of Rs. 9,06,200/- sustained by ld. CIT(A) which is made by the ld. AO by alleging overstatement of purchases made by the assessee. Brief facts of the case as cull .....

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..... 6,600/- was required to be reduced from the purchase as per the purchase register and after carrying out these exercises, the total purchases will come at Rs. 1,95,69,785/- which is same as disclosed in the trading account and, therefore, there is no over statement of purchases. Reference was also made to various documents filed in the paper book. 7. Per contra, ld. D/R vehemently argued supporting the orders of both the lower authorities and also stated that the assessee has not filed any of these details before the lower authorities and the same should be sent back to the ld. AO for necessary verification. 8. I have heard rival contentions and perused the records placed before me. The issue of disallowance of purchases at Rs. 9,06,2 .....

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