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2019 Supreme(All) 705

BHARATI SAPRU, PIYUSH AGRAWAL
Pr. Commissioner of Income Tax-I Kanpur – Appellant
Versus
Kushal Foods Pvt. Ltd. Kanpur – Respondent


Advocates Appeared:
For the Appellant : Ashish Agarwal, Ashish A.
For the Respondent: Ashish Bansal.

JUDGMENT :

Piyush Agrawal, J.

1. The present appeal has been preferred under section 260 (A) of the Income Tax Act, 1961 against the judgement & order dated 27.07.2016/19.09.2016 passed by the Income Tax Appellate Tribunal, Lucknow Bench "A", Lucknow (hereinafter referred to as, 'the Tribunal') in Income Tax Appeal No. 840/LKW/2014 for the Assessment Year 2009-10.

2. The present appeal was admitted by this Court on 09.01.2018 on the following question of law :

"(I) Whether, the learned ITAT is justified in law and on facts in deleting the addition of Rs. 4,19,94,000/- made by the Assessing Officer on account of bogus purchases without taking into consideration the facts and circumstances of the case and all the material on record?"

3. The facts of the case are that the respondent - assessee is running a roller flour mill unit for manufacturing & trading of Aatta, Maida and Suji and also, running manufacturing unit of biscuits on job work basis for Parle Biscuit Private Limited, Mumbai.

4. On 26.10.2012, the respondent - assessee filed its income tax returns showing income of Rs. 1,07,12,440/-. On 23.08.2011, the assessment was completed under section 143(3) of the Income Tax Act, 1961 at












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