9911796707
TMI Blog2023 (3) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... subsequently reopened which led to passing of the order under section 147 read with section 143(3) of the Ait, dated 26th March 2015. Income was re-assessed at Rs.6,94,95,590/-, after making an addition of 100% of alleged bogus purchases under section 68 of the Ait. 2. An appeal was filed before the Commissioner of Income Tax (Appeals) ['CIT(A)'] by the petitioner, who vide its order dated 21st March 2018, restricted the addition to 25% of the amount of alleged bogus purchases made. 3. Appeals came to be preferred both by the petitioner as well as the revenue before the Income Tax Appellate Tribunal, Pune. The Revenue filed an appeal in respect of the 75% deletion of alleged bogus purchases made by CIT(A) and the petitioner filed an appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein the demand was enhanced to Rs.1,62,32,404/- against the amount payable as per Form-1 furnished by the petitioner which was Rs.40,58,100/- 8. Aggrieved of the aition of the said respondent, an application for ratification was filed, which came to be rejected vide order dated 1st September 2021, by placing reliance upon question No.7 of the FAQ of Circular No.09/2020, dated 22nd April 2020, issued by the Central Board of Direct Taxes (CBDT). For purposes of reference, question No.7, and the answer thereto is reproduced hereunder : Question No.7 If Assessment has been set aside for giving proper opportunity to an assessee on the additions carried out by the AO. Can lie avail the Vivad Se Vishwas with respect to such additions? Ans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as per the order passed by the Tribunal. Reliance in this regard is placed upon section 2(1)(j)(B) of the Ait of 2020, which reads as under : "...... (B) in a case where an order in an appeal or in writ petition has been passed by the appellate forum on or before the specified date, and the time for fling appeal or special leave petition against such order has not expired as on that date, the amount of tax payable by the appellant after giving effect to the order so passed." 11. Counsel for the respondents, Mr.Kumar, has reiterated the stand of the revenue, as is reflected in the affidavit filed wherein, the aition of the authority in issuing Form No.3 based upon the FAQ No.7 dated 22nd April 2020 issued by the CBDT was sought to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal remitted the matter to the file of Assessing Officer for applying the ratio laid down by this Court in the case of Mohommad Haji Adam & Co. (Supra). The reason why the Tribunal did not specify the amount based upon the afore-stated principle was that specific details were not readily available from various ARs/DRs for facilitating the calculation of such rates. 14. A similar view has been taken by this Court in the case of the assessee for the assessment year 2009-10 in Writ Petition No.3280 of 2021. 15. Be that as it may, in our opinion, the aition of the respondent No.4 in issuing Form No.3 based upon FAQ No.7 issued by the CBDT is unsustainable and accordingly is set aside. The said respondent shall proceed to issue Form No.3, kee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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