2013 (3) TMI 176

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dents : Shri R.L.Jain, learned Senior counsel with Ms. Veena Mandlik, learned counsel. ORDER Heard on the question of admission. This appeal is admitted for hearing on the following substantial question of law. " Whether on the facts and circumstances of the case, ITAT is justified in dismissing the appellant's appeal in a summary manner?" 2. With the consent of the parties, the mat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rtly allowed the appellant's appeal vide order dated 19.03.2010 passed in Appeal No.IT30/ 200506/ 445. The CIT (A) upheld the findings of the A.O. in respect of bogus purchases but not against the addition made by A.O. of Rs.30,61,183/. The CIT (A) directed the A.O. apply net profit rate of 2.5% on the turnover of Rs.7 Crores disclosed by the appellant. 5. The said order passed by CIT (A) was c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to this effect has been upheld. Feeling aggrieved by such summary dismissal of the appellant's appeal by the ITAT in regard to applying net profit rate of 2.5% the appellant has filed this appeal under Section 260A of the Act. 6. Shri P.M.Choudhary, learned counsel for the petitioner argued that the order passed by the ITAT dismissing the appellant's appeal in summary manner is wholly arbitrar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....error in dismissing the appellant's appeal merely by observing that while deciding the appeal of revenue the stand of the CIT (Appeal) has been upheld. We find that the appellant's contention that the net profit at 2.5% could not have been applied by CIT (Appeal) was required to be decided by the ITAT and the appellant's appeal could not have been dismissed summarily on the basis of the decision i....