AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2022 (5) TMI 191
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....A No. 2415/Mum/2015, M.A. No. 27/Mum/2018 against ITA No. 2419/Mum/2015, M.A. No. 28/Mum/2018 against ITA No. 2417/Mum/2015 & M.A.No.26/Mum/2018 against ITANo.2920/Mum/2015. 2. Thereafter taking into consideration the miscellaneous application filed by the assessee the ITAT vide order dated 18.05.2018 has allowed the miscellaneous application and recalled its finding in respect of para no. 32 of the ITAT order dated 09.11.2017 and restored the following ground no. 3(a) to (c) raised by the assessee to be heard on merit for deciding afresh. The relevant para of the order of the ITAT dated 18.05.2018 is reproduced as under: "10. As far as ground No. 3(a) to (c) arc concerned, the assessee has raised these grounds to support his contentions....
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.... head of 'Estimation of G.P 24%. (a copy of the relevant extract of the written submission is already annexed as exhibit is point was also pressed in written/verbal submission as well. The contention that the said crucial point was not raised is not right. The Appellants submit that the condition stipulated in Section 153A is not satisfied in the said impugned order. The appellants submit that this point has not been considered despite the fact that the appellants had pressed in their written submission, rejoinder as well in verbal submission before the Ld CIT (A). This is a very serious mistake and error on the part of Hon'ble Tribunal that despite making of the said submissions by the Appellants, by way of written as well as ver....
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....e restore ground No. 3(a) to (c) raised by the assessee to be heard on merits qua this portion, by regular bench. Therefore, we recall our finding in para no. 32 of the order dated 00.11.17 and restore this portion of the appeals to be decided afresh. Hence the present M.A's qua recalling this portion of the order dated 09.11.2017 stands partly allowed. Therefore, registry is directed to fix the present appeals before regular bench and issue notices to both the parties for deciding these grounds on merit." 3. Accordingly, to adjudicate the limited issue as referred in the order of the ITAT dated 18.05.2014 which was restored for deciding afresh was discussed with both the parties at the time of appellate proceedings before us. 4. During t....
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....ssessee from M/s Bright Global Paper Pvt. Ltd. as bogus purchases on account of various reasons as mentioned in the assessment order based on finding of search conducted by Sales Tax & Income Tax Department. Before the ld. CIT(A) the assessee submitted detail of purchases made from BGPPL and bank statement showing payments made by account payee cheques. The assessee submitted before ld. CIT(A) that A.O has merely doubted the transaction on the basis of some seized material which were not related to it. The ld. CIT(A) has called the remand report from the Assessing Officer relating to assessee's transaction with BGPPL. It is stated that the A.O has issued notices u/s 133(6) to parties to whom sales were made and majority of the replies were ....
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.... the A.O and these ledger account were as per the regular books of account of the assessee company and this was not an incriminating material. It is further submitted that assessment in the case of the assessee was already completed and same was not abated assessment. In this regard the ld. Counsel has also placed on the following decisions: (i) Continental Warehousing Corporation (NHAVA SHEVA) Ltd. 374 ITR 645 (Bom (ii) Murli Agro Products Ltd. 49 taxman.com 172 (Bom) (iii) All Cargo Global Logistics 23 taxman.com 03 (ITAT, Mum) (SB) After considering the relevant material on record we consider that it is an undisputed fact that in the case of the assessee assessment u/s 143(3) was already made and case of the assessee was unabated ....