2025 (9) TMI 783

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hence, we will take the facts of ITA No. 373/KOL/2025 for A.Y. 2016-17 and decide the issue. 03. The only issue raised by the Revenue in various grounds of appeal is against the deletion of addition by the ld. CIT (A) of Rs.1,59,13,085/- in respect of bogus sales u/s 68 of the Act and Rs. 4,77,393/- u/s 69C of the Act in respect of estimated commission at the rate of 4.3% on the bogus sales. 04. The facts in brief are that the assessee filed the return of income on 21.09.2016, declaring total income at Rs.2,15,330/-. The assessee is engaged in the business of trading of coal and coal related products. The case of the assessee was selected for scrutiny based on the risk profiling of the assessee's case conducted by the Risk Management ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....stimated commission at the rate of 3% of the above amount for giving this accommodation entry. 05. In the appellate proceedings, the ld. CIT (A) deleted the addition after taking into account the submission and contentions of the assessee. The ld. CIT (A) noted that in the appellate proceedings, the assessee has filed all the evidences qua the said sales comprising ledger extracts, sales register, sales invoices of the bank statement, e-way bill issued by VAT department, transport vehicle details, VAT return etc. and also noted that the assessee has duly recorded these sales in the books of account. The ld. CIT (A) also noted that following on search action was conducted in the case of M/s Maharaja Shree Agrasen Jee Aapno Ghar Pvt. Ltd. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r reopening the case of the assessee u/s 147 of the Act. In this case, we note that assessee has filed all the evidences before the ld. AO comprising ledger extracts, sales register, sales invoices, bank statement, e-way bills issued by VAT department, transport vehicle details, VAT returns etc. and also noted that the assessee has duly recorded these sales in the books of account. We also note that the addition was made on the basis of statement of Shri Rohit Sharma without there being any corroborative or substantive material being brought on record by the ld. AO. The ld. AO has also not disputed the evidences filed by the assessee such as e-way bills issued by the VAT department of State Government, Transport vehicle details, VAT returns....