2025 (3) TMI 1478

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....jeev Waglay, i/b, DSR Legal ORDER PC:- 1. This Appeal for assessment year 2009-10 filed by the Appellant Revenue was admitted by this Court on 22 January 2025 on following substantial questions of law:- "(i) Whether the Tribunal after accepting that this is a case of bogus purchases, could have proceeded to determine profit rate without confirming the disallowance of purchases, w....

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....i) On the facts and circumstances of the case and in law, the ITAT has erred in deleting the enhancement without giving opportunity to ld. CIT (A) of examining the additional evidence and thereby violating the principles of natural justice?" 2. Today this matter was listed along with the other connected matters. The Appeal was admitted on the premise that the assessing officer has made addition....

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.... said order by filing an Appeal to the Tribunal and the Tribunal vide its order dated 13 January 2017 reduced the gross profit estimate to 10%. 5. In our view, right from the assessment stage till the impugned proceedings, the only issue involved was estimation of certain percentage of the purchases towards gross profit. The issue whether the entire purchases should have been added or not was n....