The Commissioner of Income Tax- I vs. M/s Auctus Pharma Pvt. Ltd.,

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 505 / 2011 C I T Jaipur ----Appellant Versus Shanti Kumar Chordia ----Respondent _____________________________________________________ For Appellant(s) : Mr. Aditya Vijay for Mr. Anuroop Singhi For respondent: None present. _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment 31/01/2017 1. By way of this appeal the appellant has assailed the judgment and order of the Tribunal, whereby the Tribunal has dismissed the appeal of the Department and confirmed the order of CIT(A). 2. This court while admitting the matter on 30.7.2012, has framed the following substantial questions of law: 1. Whether on the facts and circumstances of the case, the learned Tribunal was right and justified in not only upholding the deletion of trading addition made by CIT (A), but even deleting the trading addition of Rs. 26,63,734/- sustained by the CIT (A) without giving any reason worth the name, inspite of upholding the finding of CIT (A) as well as the Assessing Officer with regard to bogus purchases made by the assessee and consequent rejection of books of accounts?

(2 of 3) [ITA-505/2011] 2. Whether on the facts and circumstances of the case, the learned Tribunal was right and justified in on the one hand upholding the finding of bogus purchases made by the assessee and consequent rejection of books of accounts and on the other hand, deleting the trading addition of Rs. 1,70,18,605/- without giving any finding for the same? 3. Though served none appeared for the respondent. 4. Counsel for the appellant contended that issue is now squarely covered by the decision of this Court in CIT Vs. M/s Gems Paradise, Income Tax Appeal No. 201/2010, decided on 2.11.2016 wherein in paragraph 3 and 4, it has been held as under: 3. Considering the law declared by the Supreme Court in the case of Vijay Proteins Ltd. Vs. Commissioner of Income Tax, Special Leave to Appeal (C) No.8956/2015 decided on 06.04.2015 whereby the Supreme Court has dismissed the SLP and confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments. 4. We remit back the case to the Assessing Officer for deciding afresh on the factual matrix. The authority will accept the law but the transaction whether it is genuine or not will be verified by the Assessing Officer on the basis of the aforesaid three judgments. The issues are answered accordingly. The appeal is accordingly disposed of. 5. In view of the above, the matter is remitted back to the Assessing Officer to reassess the matter on the basis of 25% as held in the earlier cases.

(3 of 3) [ITA-505/2011] 6. Both the issues are decided in favour of the Department against the assessee. The appeal stands disposed of.

(VINIT KUMAR MATHUR)J. (K.S. JHAVERI)J. Bm gandhi/100