2025 (12) TMI 607

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....nnected, hence the same are heard together and being disposed off by this common order. We take up Revenue's appeal being ITA No.296/Agr/2025 for AY 2020-21 as lead case. 3. This is an appeal of the department wherein two grounds, the purchases of 'Raw Boneless Meat' amounting to Rs. 2,50,58,565/- has been deleted by the CIT(A). 4. The facts in brief are that the Assessing Officer has made the addition in reassessment completed u/s 147 read with section 143(3) in respect of purchases of 'Raw Boneless Meat', which has been treated as bogus. The assessee contended before the Assessing Officer that no purchases of 'Raw Boneless Meat' have been made and, in fact, certain purchases have been made by the "HMA Agro Industries Ltd.", which is....

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....t was alleged that the cash as withdrawn by those parties have come back to the assessee. 7. The assessee in response to show cause notice vide reply, dated 09.03.2024, which has been reproduced in Assessment order, at pages 22 to 23, contended that these details as confronted are relevant to purchases of "Raw Boneless Meat" in the case of "HMA Agro Industries Ltd." and not of the assessee company and further the "HMA Agro" was running the plant in the premises of "Federal Agro Industries Pvt. Ltd." and such purchases have accordingly been booked in the books of HMA Agro Industries Ltd. in Punjab only and, thus, there was no basis of making the addition in the hands of the assessee. It was also submitted that in the case of "HMA Agro Ind....

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...., Revenue is in appeal before us raising following grounds of appeal :- "1. Whether on facts and circumstances of the case and in law, the Ld. CIT(A)-IV, Kanpur has erred in deleting the addition of Rs, 2,50,58,565/- on account of bogus purchases of Raw Boneless Meat without appreciating the fact that some of the suppliers of raw boneless meat under verification u/s 133(6) of the Act, have denied to have supplied any raw boneless meat to the assessee & payments made against purchase of raw boneless meat have been routed through M/s S.M Agri Exports Pvt. Ltd. and M/s. Maharashtra Food Processing and Cold Storage and the assessee company has been the ultimate beneficiary of the same. 2. Whether on facts and circumstances of ....

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....y has been reproduced by him at pages 22 to 25 of the assessment order. (iii) We had outrightly submitted that the company had not purchased any 'raw boneless meat' and, in fact, this 'raw boneless meat' was purchased by 'HMA Agro Industries Ltd.' and we had already explained that the said plant of M/s Federal Agro Industries Pvt. Ltd. was being run by HMA Agro Industries Limited and rent was being charged by the assessee to HMA Agro Industries Ltd. and, thus, there was no basis of making the addition in the hands of assessee and that was explained in detail with the ledger account of the same suppliers, in the books of 'HMA Agro Industries Ltd.', which proved that purchases have been made by HMA Agro Industries Ltd. only However, ....