2025 (8) TMI 280

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....e Revenue : Shri Hemanshu Joshi, Sr.DR ORDER PER B.R. BASKARAN, A.M : The assessee has filed this Miscellaneous Application submitting that there are mistakes apparent from record in the order dated 05-10-2018 passed by the Tribunal in ITA No. 1131/Mum/2018. 2. The appeal of the assessee in ITA No.1131/Mum/2018 was dismissed by the Tribunal, vide its order dated 05-10-2018. The Ld A.R submitt....

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....sed by the Tribunal in the MA and restored the matter back to the file of the Tribunal with a direction to dispose-of the Miscellaneous Application of the assessee afresh. Accordingly, the Miscellaneous Application was restored back by the Tribunal and the same is placed before this Bench. 3. The Ld.AR submitted that the issue involved in the appeal was related to alleged bogus purchases made by ....

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....e assessee has resulted in a mistake apparent from record in the impugned order passed by the Tribunal. Accordingly, he prayed for re-call of the said order. 4. We heard the Ld.DR and perused the record. We notice that the specific grounds raised by the assessee, which are narrated above have not been disposed of by the Tribunal. Hence, we are of the view that there is merit in the Miscellaneous ....

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....itted that the above methodology has been upheld by the Hon'ble Bombay High Court in the case of PCIT vs. Mohommad Haji Adam & Co.,(supra). 7. We heard the Ld.DR and perused the record. The Hon'ble Bombay High Court has held in the case of PCIT vs. Mohommad Haji Adam & Co., (supra) that the addition should be restricted to the difference between Gross Profit on alleged bogus purchases and the GP ....