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1. These appeals, filed by the Appellant-Revenue for
Assessment Years (AY) 2009-10 and 2010-11, challenges the
common order of the Income Tax Appellate Tribunal (ITAT),
Mumbai, dated 21 June 2017.
2. These appeals were admitted on 30 January 2025 on
the following substantial questions of law:
SUBSTANTIAL QUESTIONS OF LAW
“(i) Whether the Tribunal after accepting that this a case of
1.ITXA.1240.18 and 2087.18.docx
bogus purchases, could have proceeded to determine profit rate
without confirming the disallowance of purchases, without
considering the provisions of Section 69C of the Income Tax
Act, 1961 and without considering the decision of the Gujarat
High Court in the case of N.K. Industries Ltd. Vs. Deputy
Commissioner of Income Tax, (2016) 72 taxmann.com 289
since the Special Leave Petition against the said decision was
dismissed by the Hon’ble Supreme Court in case of N. K.
Protiens Ltd. Vs. Deputy Commissioner of Income Tax, on 16
January 2017, (2017) 84 taxmann.com 195 (SC) ?
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