The Commissioner Of Income Tax, Central Iii v. M/S. Varun Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1967 OF 2011 The Commissioner of Income Tax, Central III v.M/s. Varun Industries Ltd. ...Appellant. ...Respondent. Mr. Vimal Gupta, Sr. Advocate with Ms. Padma Divakar for the Respondent.Mr.S.P.Mehta for the Respsondent. CORAM : J.P. DEVADHAR &M.S.SANKLECHA, JJ. DATE : 25[th] February, 2013. P.C. : In this appeal by the revenue following question has been raised for our consideration. a)Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in deleting the entire addition made on account of bogus purchases when the assessee could not produce any evidence to prove the genuineness of the purchase parties? 2)Counsel for the parties state that the similar question was raised by the revenue before this Court in respect of the same respondent assessee being ITXA No.90/2011. This Court by its order dated 21/6/2012 did not entertain the appeal being ITXA No.90/2011 on an identical question as framed herein. For the reasons mentioned in order dated 21/6/2012 in ITXA No.90/2011, we see no reason to entertain the proposed question of law. 3)Accordingly, the appeal is dismissed. No order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)