2024 (1) TMI 839

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....t "the Act"). Heard both the parties at length through their respective learned representatives. Case files perused. 2. A combined perusal of the instant three Revenue's appeal files reveals that this is the second round of litigation between the parties before us. The Registry has listed all these three cases in light of hon'ble jurisdictional high court's common remand directions in department's Income Tax Appeal nos.673 and 750/2018 dated 21st 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 backdro....

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.... in a similar case of bogus purchases in trading business as under : "8 In the present case, as noted above, the assessee was a trader of fabrics. The A.O. found three entities who were indulging in bogus billing activities. A.O. found that the purchases made by the assessee from these entities were bogus. This being a finding of fact, we have proceeded on such basis. Despite this, the question arises whether the Revenue is correct in contending that the entire purchase amount should be added by way of assessee's additional income or the assessee is correct in contending that such logic cannot be applied. The finding of the CIT(A) and the Tribunal would suggest that the department had not disputed the assessee's sales. There was n....

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....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 erred in law and on facts in restricting the impugned disallowance only to the e....