Pr. Commissioner Of Income Tax ... vs Sh. Ramesh Chand Goel
2022 Latest Caselaw 785 Del

                          $~16
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      ITA 53/2022
                                 PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2
                                                                         ..... Appellant
                                                    Through     Mr.Sanjay Kumar with Ms.Easha
                                                                Kadian, Advocates.
                                                    versus

                                 SH. RAMESH CHAND GOEL                                ..... Respondent
                                              Through  None

                          %                         Date of Decision: 16th March, 2022
                          CORAM:
                          HON'BLE MR. JUSTICE MANMOHAN
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                     JUDGMENT

MANMOHAN, J (Oral):

1. Present appeal has been filed challenging the order dated 30th September, 2020 passed by ITAT in ITA No. 3519/Del/2017 for the Assessment Year 2009-10.

2. Learned counsel for the Appellant states that ITAT has erred in law in deleting the addition of Rs.7,05,00,000/- made by Assessing Officer on account of bogus purchases. He states that ITAT has erred in not appreciating that the Assessing Officer had relied on the statement of Sh. Surendra Kumar Sharma, proprietor of M/s Ridhi Sidhi Enterprises, wherein he had stated that he had signed the opening form for bank accounts as well as bills issued to various traders as entries to be shown as purchases made by them. He states that the assessee had failed to establish

Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:17.03.2022 19:39:58 the actual quantity received in respect of purchases from Sh. Surendra Kumar Sharma.

3. A perusal of the paper book reveals that the Commissioner Income Tax (Appeals) and ITAT have deleted the addition in dispute by following the decision of the ITAT in the case of Vijay Kumar Goel proprietor Mankey Lal Jagdish Prasad, who had made similar purchases from Sh.Surendra Kumar Sharma proprietor of M/s Ridhi Sidhi Enterprises for the Assessment Year 2009-2010. The said decision has been upheld by Allahabad High Court in ITA No.289/2015.

4. Keeping in view the judgment of the Allahabad High Court as well as concurrent findings of both the Commissioner Income Tax (Appeals) and the ITAT, this Court finds no substantial question of law in the present appeal and the same is dismissed.

MANMOHAN, J

DINESH KUMAR SHARMA, J MARCH 16, 2022 KA

Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:17.03.2022 19:39:58