2013 (6) TMI 257

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....ment and order of the Tribunal dated February 10, 2012. The following question has been raised for our consideration: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in restricting the disallowance to the extent of 12.5 per cent. of the addition on account of bogus purchase, without appreciating the factual aspect and by ignoring the manifest evidence ....

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....1.40 lakhs (rounded off). The assessee carried the matter in appeal and the Commissioner of Income-tax (Appeals) partly allowed the appeal. It was found that though the purchases were not made from the parties from whom the assessee claimed, there was complete quantitative tally of material purchased and sold. In that view of the matter, the Commissioner of Income-tax (Appeals) was of the view tha....

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....ion that the Revenue ought to have preferred two appeals if the Revenue was aggrieved by the Tribunal's verdict of not only rejecting its appeal but of allowing the assessee. However, when we are not inclined to interfere with the Tribunal's order on the merits, we do not insist on the Revenue's filing a separate appeal. From the record, we noticed that the Commissioner (Appeals) as well as the....