2025 (6) TMI 820

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....3(1), Bhopal ["AO"] u/s 147 r.w.s. 143(3) of the Income-tax Act, 1961 ["the Act"] for Assessment-Year ["AY"] 2009-10 and 2010-11. 2. Since these appeals relate to the same assessee, are represented by same counsels and the controversy for adjudication is also identical; they were heard together at the request of parties and are being disposed of by this consolidated order for the sake of convenience, brevity and clarity. 3. The grounds raised in these appeals are identical except change of figures, hence the grounds of first appeal being ITA No. 403/Ind/2023 are only re-produced below for reference: "01. That on the facts and circumstances of the case, Hon'ble CIT-Appeals has erred on facts and in law in sustaining the Ad....

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....h purchases amounting to Rs. 4,06,884/-. Therefore, this Addition may please be deleted. 04(b). That the Hon'ble CIT-Appeals has himself calculated Gross Profit of the Appellant@ 8% on so called local purchases from grey market but overlooked to allow rebate of Gross Profit of Rs. 7,39,684/- shown by the Appellant in his Audited Trading Account and Indirect Expenses of Rs. 5,69,820/ appearing in the Audited Profit & Loss A/c. Hon'ble CIT-Appeals could not appreciate the fact that after allowance of above rebates Appellant's Income will become negative. To this extent, impugned Appellate Order is erroneous and unlawful and deserves to be quashed. 05. That the appellant craves leave to raise additional grounds an....

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.... assessee. Still the assessee is not satisfied with the relief granted by CIT(A) and has come in these appeals before us. The revenue is, however, not in appeal. 5. We have heard the learned Representatives of both sides and carefully perused the orders of lower authorities. After a detailed deliberation which took place in open court, Ld. AR for assessee finally confined his prayer in terms of Ground No. 4(b) raised by assessee as re-produced above. Ld. AR submitted that the assessee has included the impugned purchases made from different supplies as well as the corresponding sales made by utilising those purchases in Trading A/c and thus already offered resultant gross profit in books of accounts/income-tax return. Referring to the rep....