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    <title>2024 (10) TMI 73 - ITAT DELHI</title>
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    <description>The ITAT Delhi allowed the assessee&#039;s appeal against assessment u/s 153A. The tribunal held that no incriminating material was found during search and seizure operations, following the SC precedent in Abhisar Buildwell case. The AO&#039;s invocation of section 68 was deemed improper as there was no dispute regarding sales transactions, goods movement, or corresponding purchases, and stock details were accepted. The CIT(A)&#039;s application of an 8% profit margin was set aside as erroneous, particularly when different profit margins were applied to similar sales without justification. The tribunal found the differential treatment of profit margins unjustified and contrary to established precedent.</description>
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      <link>https://www.taxtmi.com/caselaws?id=759474</link>
      <description>The ITAT Delhi allowed the assessee&#039;s appeal against assessment u/s 153A. The tribunal held that no incriminating material was found during search and seizure operations, following the SC precedent in Abhisar Buildwell case. The AO&#039;s invocation of section 68 was deemed improper as there was no dispute regarding sales transactions, goods movement, or corresponding purchases, and stock details were accepted. The CIT(A)&#039;s application of an 8% profit margin was set aside as erroneous, particularly when different profit margins were applied to similar sales without justification. The tribunal found the differential treatment of profit margins unjustified and contrary to established precedent.</description>
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