TaxTMI 
TaxTMI 
2025 (9) TMI 35
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....f the case, and in law, the appellate order framed by the Commissioner of Income tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, ['Ld. CIT (A)'] is bad, illegal and without jurisdiction, as the same is framed in breach of the statutory provisions and the scheme and as otherwise also is not in accordance with the law. 1.2 Otherwise also, in the facts and the circumstances of the case, and in law, the appellate order so framed by the Ld. CIT (A) is bad, illegal and void as the same is arbitrary and perverse. 2. NATURAL JUSTICE 2.1 The Ld. CIT (A) erred in not granting proper, sufficient and adequate opportunity of being heard to the Appellant while framing the appellate order. 2.2 It i....
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.... 69C of the Act on account of alleged non genuine purchase/alleged bogus purchase. 4.2 While doing so, the Ld. CIT (A) erred in: (i) Basing his action only on surmises, suspicion and conjecture; (ii) Taking into account irrelevant and extraneous considerations; and (iii) Ignoring relevant material and considerations as submitted by the Appellant. 4.3 It is submitted that in the facts and the circumstances of the case, and in law, no such disallowance was called for. 4.4 Without prejudice to the above, assuming - but not admitting - that some addition was called for, it is submitted that the Ld. CIT (A) failed to appreciate that the computation of the addition made by the A.O. is arbitrar....
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....same that assessee substantiated purchases. The assessee sold all the purchased items. Sale of assessee is not disputed by assessing officer. Sale is not possible in absence of purchases. Books of assessee was not disputed and rejected by assessing officer. The assessee has shown good gross profit ranging from 3.16% to 7.15% from A.Y. 2008-09 to 2011-12. In 2011-12, the assessee has shown gross profit @ 6.55% in the current financial year. The ld. AR of the assessee submits that entire purchases of the assessee are genuine. The purchases of the assessee cannot be disputed if the seller party defaulted in making payment of VAT. In the alternative submissions, the ld. AR of the assessee submits that to avoid the long drawn process of litigati....
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....sion, the ld. AR relied upon the following decisions: * ITO vs Sailesh Metal Corporation (ITA No. 2977/M/2025) * Bharat Kumar Ramchandraji Modi vs ITO (ITA No. 6545/M/) 2024 * Quality Heighten Private Limited vs DCIT (ITA No. 1489/M/2025) * Ajit Anant Joshi vs DCIT (ITA No. 700/M/2025) 6. I have considered the rival submissions of both the parties and have gone through the orders of lower authorities carefully. I have also deliberated on various case laws relied by both the parties. I find that assessing officer made addition on the basis of report of Investigation Wing that certain parties were indulging in providing accommodation entries without actual delivery of goods. The assessing officer made ad....