Sunil Garg vs. DCIT, CC-II, Faridabad (ITAT Delhi)

Court: Delhi ITAT
Head Notes:

Case of alleged bogus purchase:

All details in the form of books of accounts, copy invoices, GR, bilties etc. were filed before the Assessing Officer and the AO without pointing out any specific defect therein rejected the books of account u/s 145(3) and made the impugned addition of Rs. Rs.12,86,416/- by applying the GP rate of 0.24% on the total turnover accounted by the assessee in its books of accounts. We fail to understand the reasoning of AO as at one hand he stated sale/purchase claimed to have been made by M/s Kamal Trading Company amounting to Rs. 54,14,14,119/- as bogus then he proceeds to make addition on the basis of GP disclosed by the assessee without any justification and explanation. Such order, on merit as well, fails to meet the test of law and deserves to be quashed. The grounds raised by the assessee are allowed. Appeal of the assessee is allowed.

Law:
Section(s): 145(3)
Counsel(s): CA Deepak Upadhyay_M.No. 9315503288
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Uploaded By CA Deepak Upadhyay_M.No.9315503288
Date of upload: September 13, 2025

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