TaxTMI 
TaxTMI 
2024 (1) TMI 839
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....Income Tax Appeal nos.673 and 750/2018 dated 21^st October, 2022, for assessment years 2010-2011 and 2011-2012, as followed mutatis mutandis in the latter order dated 12.07.2023 in identical Tax Appeal No.685/2018 [A.Y.2009-2010]; respectively. Their lordships identical remand directions hereinabove read as follows: It is in this factual backdrop we proceed to decide all these Revenue's three appeals afresh as per its identical substantial question (d) framed in hon'ble jurisdictional high court and remanded to us. 3. Learned counsel representing assessee first of all submits that we ought to club/consolidate the assessee's corresponding three appeals ITA.Nos.1365 to 1367/PUN./ 2015 as well since earlier common order dated 05.07.2017 stands reversed and therefore, the necessary consequence that flows therefrom is that the foregoing as many cases also deserve to be heard afresh. Mr. Joshi's next submission is that our non-clubbing of all these cases would render the tribunal's common order in his cases as attained finality. We find no merit in the assessee's instant submissions once the issue before us is to the limited extent of applicability of hon'ble apex court's decision ....
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....ted by the revenue. Therefore, even if 6 % gross profit is taken into account, the corresponding cost price is required to be deducted and tax cannot be levied on the same price. We have to reduce the selling price accordingly as a result of which profit comes to 5.66%. Therefore, considering 5.66% of Rs. 3,70,78,125/- which comes to Rs. 20,98,621.88 we think it fit to direct the revenue to add Rs. 20,98,621.88 as gross profit and make necessary deductions accordingly. Accordingly, the said question is answered partially in favour of the assessee and partially in favour of the revenue." 9 In these circumstances, no question of law, therefore, arises. All Income Tax Appeals are dismissed, accordingly. No order as to costs." 4.1. The factual position is hardly any different before us as well as the Revenue is fair enough throughout in not having rejected the assessee's corresponding sales which stand duly assessed in accordance with law. We thus adopt their lordships' detailed discussion mutatis mutandis to conclude that there is no need for us to revive the entire bogus purchase disallowances in very terms. 5. Mr. Jasnani next submitted that the CIT(A) herein has erre....
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....ance of 6% in all these three cases would meet the ends of justice with a rider that the same shall not be taken as a precedent. Necessary computation shall follow as per law. We order accordingly. 7. All other pleadings on merits stand rendered academic in light of hon'ble jurisdictional high court's foregoing remand directions (supra). 8. These three Revenue's appeals are partly allowed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open Court on 13.11.2023. ============= Document 1 1. The order impugned passed by the Income Tax Appellate Tribunal (ITAT) and pronounced on 5th July 2017 is a common order for three Assessment Years, i.e. Assessment Year 2009-10, 2010-11 and 2011- 12. 2. Revenue has filed three separate appeals being ITXA No. 673 of 2018, ITXA No. 750 of 2018 and this matter, i.e. ITXA No. 685 of 2018, ITXA No. 673 of 2018 and ITXA No. 750 of 2018 came up for hearing on or about 4th August 2022 and by a judgment pronounced on 21st October 2022 these two appeals were disposed. The judgment pronounced on 21st October 2022 reads as under: Both these appeals un....
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....hat such total amount of addition made represented alleged purchases from bogus suppliers? 4. Briefly stated the material facts are as under: The Respondent assessee is engaged in the business of trading in industrial oil and transport services. A return of income was filed by the assessee declaring a total income at Rs.4,47,970/-. The Sales Tax Department of the Government of Maharashtra provided information to the Assessing Officer (A.O.) giving names, addresses Document 3 and details of persons, who had provided entries of bogus purchases. The said information also contained details of beneficiaries of such bogus bills. Based upon the information so received, the A.O. issued notice under Section 148 of the Act, followed by the statutory notices under Section 143(2) and 142 (1 ) of the Act and the order of assessment under Section 143(3) r/w Section 147 of the Act was passed on 30th March, 2015 and total income assessed at Rs.1,46,82,548/-. The A.O. thus made an addition of Rs.1,42,34,578/- on account of alleged bogus purchases from Hawala dealers/parties. 5. An appeal was preferred by the assessee befor....