2012 (10) TMI 513

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rs. Anuradha Misra, Sr.DR   ORDER   PER A.D. JAIN, JUDICIAL MEMBER   The appeals are filed by the department and the Cross Objections by the assessee. They are directed against the order dated 14.05.2012 passed by the CIT (A)-II, Delhi, for Assessment Years 2003- 04 to 2008-09. 2. None has put in appearance on behalf of the assessee. However, a written submission has bee....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....by the assessee in its books of account; and that pertinently, the books of account of the assessee had not been rejected by the Assessing Officer, and so, there is no question of any disallowances of purchases u/s 69C of the Act. The Ld. CIT (A) placed reliance on the decision of the Hon'ble Delhi High Court in the case of "CIT vs. M/s Radhika Creation", rendered in ITA No.692/2009. These obse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....emost, the survey in the case of the assessee is the same as that in "Blue Luxury Impex Pvt. Ltd". The Assessing Officer in the two cases is also the same. The trade of both the assessees is one and the same i.e., trade of textiles. Then, in both cases, books and stock register were filed and the Assessing Officer did not reject the same. The Ld. CIT (A) has, as noted hereinabove, taken into accou....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hing on record to indicate that the sale proceeds represented the assessee's income from undisclosed sources. The sale transactions with M/s Micron Textiles were got confirmed by the Assessing Officer on a test check basis. No more inquiries were made by the Assessing Officer thereafter. The assessee's books of account were audited books of account. The tax audit report was on record. The auditors....