2025 (4) TMI 1559

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....Respondent : Shri Asif Karmali (SR. DR.) ORDER PER ANIKESH BANERJEE (JM): The instant appeal of the revenue was filed against the order of the Ld. Commissioner of Income-tax (Appeals) / Addl / JCIT(A)-2, Siliguri, [in short, 'Ld.CIT(A)']passed under section 250 of the Income-tax Act, 1961 (in short, 'the Act')for A.Y. 2008-09, date of order 20/01/2025. The impugned order was emanated from....

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.... was processed under section 143(1) of the Act. Subsequently, the case was selected for scrutiny, and the assessment was completed under section 143(3) of the Act. Thereafter, notice under section 148 of the Act was issued based on information received from the Investigation Wing of the Income Tax Department regarding alleged bogus purchase transactions undertaken by the assessee during the releva....

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....n ITA No. 5919/Mum/2016, with the order pronounced on 31/07/2018. Relying upon the said decision, the Ld. CIT(A) applied a gross profit rate of 0.2% on the bogus purchase amount of Rs. 2,69,78,490/-, which resulted in a revised addition of Rs. 53,957/-. Consequently, the assessee was granted a relief of Rs. 2,99,461/-, and the addition was sustained only to the extent of Rs. 53,957/-. Being agg....

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....and the order has attained finality, applying the ratio of the same judgment would serve the interest of justice in the instant case because facts and circumstances of both the years are almost identical. Even otherwise, if the quantum of GP of 1.31% which was applied for making addition during scrutiny assessment is left alone, it would give rise to double calculation of GP on the quantum of bogu....