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TMI Blog2023 (7) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal order. Hence, we allow the additional ground of appeal raised by the assessee. - ITA No. 2418/Mum/2015 - - - Dated:- 4-7-2023 - Shri Prashant Maharishi, AM And Ms. Kavitha Rajagopal, JM For the Assessee : Shri Tejveer Singh For the Revenue : Ms. Mahita Nair ORDER PER KAVITHA RAJAGOPAL, J M: This appeal has been filed by the assessee, challenging the order of the learned Commissioner of Income Tax (Appeals)-48, Mumbai ( ld.CIT(A) for short), passed u/s.144 r.w.s. 153A of the Income Tax Act, 1961 ( the Act'), pertaining to the Assessment Year ( A.Y. for short) 2007-08. 2. The assessee has raised an additional ground that there was no incriminating material found during the search and the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed u/s. 144 of the Act and also the disallowance restricted to Rs. 1,11,50,050/- being 15% of the total bogus purchase of Rs. 7,43,33,679/-. It is observed that the Tribunal vide order dated 09.11.2017 has decided to restrict the addition on bogus purchases @ 12.5% as against 15% confirmed by the ld. CIT(A). Subsequent to this, the assessee had filed a Miscellaneous Application to recall the said order on the ground that the Tribunal has not decided the issue on the basis that there was no incriminating material found during the course of search and since the A.Ys. 2004-05 to 2008-09 unabated assessments, the impugned addition made was not warranted. The Tribunal vide order dated 20.04.2022 held that the Revenue has not proved that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al submissions and perused the materials available on record. It is evident that the addition in case of the assessee was made on bogus purchases alleged to be made from M/s. Bright Global Paper Pvt. Ltd. alleged to be accommodation entry provider. It is also evident that the impugned assessment year is an unabated assessment year and Tribunal for previous years, i.e., A.Ys. 2005-06, 2006-07 and subsequent year 2008-09 has held that there was no incriminating seized material found during search proceeding and, hence, deleted similar addition made on the basis of the bogus purchases for these years. There is no iota of doubt that this impugned year is also covered by the same search and the Revenue has failed to contradict the fact that ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... O has not stated in the remand report, the reference was apparently to non production of delivery challan in respect of purchases from BGPPL. The ld. CIT(A) also stated that the assessee had submitted the details of corresponding sales against purchases from BGPPL to the A.O and there cannot be sales without corresponding purchases. If the purchases were considered to be bogus, the sales must also be bogus and the ld. CIT(A) held that the assessee might have made purchases from grey market, therefore, he has restricted the disallowance to the extent of 15% of the impugned purchases. This appeal was recalled by the ITAT on the limited issue of addition made by the A.O without any incriminating document. The ld. CIT(A) has restricted the addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue could not prove contrary that there was incriminating seized material in the case of the assessee and could not disprove the contention of the assessee that material referred in the assessment order was the copy of ledger account of the assessee which was regularly accounted in the books of account of the assessee. Therefore, in the light of the above facts and circumstances we consider that when assessment in the case of the assessee already had been completed prior to date of search in such circumstances in the absence of any incriminating material the addition made by the A.O is not justified, therefore, this ground of appeal of the assessee is allowed. 9. From the above observation, we are of the considered view that even in this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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