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On the facts and in the circumstances of the case the learned CIT(A) has erred in deleting the addition of Rs. 2,60,17,159 to Rs. 22,89,570 made under s. 68 of the IT Act, 1961 on account of bogus sale.

Shanti Prime Publication Pvt. Ltd.

Section  68 of Income-tax Act, 1961— Cash credit—The sales of the assessee were also not found to be suppressed and even the GP rate declared was found to be genuine therefore the AO was not justified in treating the entire sales on the basis of statement of third party as bogus and adding the same in hands of the assessee. AO arbitrarily added the entire sales in the hands of the assessee and the learned CIT(A) although considered the sales declared by the assessee as genuine but wrongly made the addition by applying the GP rate of 8.8 per cent declared by the assessee on the same sales which was also part of the turnover of the assessee on which the profit was also already declared,therefore  the addition sustained by the learned CIT(A) was not justified and the same is deleted — Dy. CIT vs. GRG Oil Mill [2020] 203 TTJ 609 (JD)

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