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2024 (4) TMI 128

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....an, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER:- This appeal by the assessee is preferred against the order of the ld. CIT(A) -1, Gurgaon dated 16.09.2016 pertaining to A.Y. 2012-13. 2. The substantive grounds taken by the assessee and argued before us read as under: "2. That the Ld. CIT(A) has grossly erred in upholding has erred both in law and on facts in making an addition of a su....

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....t length. Case records carefully perused. Relevant documentary evidences brought on record duly considered in light of Rule 18(6) of the ITAT Rules. 4. Briefly stated, the facts of the case are that the assessee is engaged in the business of export of paper bags, jute bags etc. The assessee electronically filed his Return of Income on 29.09.2012 declaring an income of Rs. 47,60,740/-. Return was ....

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....rence of Rs. 3,51,05,285/- but also added gross profit @ 28% on account of unaccounted sales and further made addition of Rs. 98,29,479/-. 7. The assessee challenged the addition before the ld. CIT(A) and vehemently contended that no defect has been pointed out in the books of account maintained by the assessee in the ordinary course of its business. It was strongly contended that stock which was....

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....enue is not in appeal, therefore, that issue has attained finality. 10. The ld. counsel for the assessee further stated that addition on account of gross profit amounts to double addition as gross profit of the assessee as per books of account included gross profit of alleged sales outside the books. 11. Per contra, the ld. DR strongly supported the findings of the Assessing Officer and read the....