YASHWANT VARMA, J.
1. In terms of this order, we propose to dispose of the preliminary
objection which was raised by the appellants with respect to the
maintainability of the cross-objections filed by the respondent-assessee.
2. The appeals emanate from an order dated 24 November 2022
passed by the Income Tax Appellate Tribunal1 and had originally
posited the following questions of law for our consideration:
“A. Whether the Ld. ITAT has erred in law on the facts of the case
in confirming the order of the Ld. CIT(A) on account of unexplained
Tribunal
purchases amounting to Rs. 1,77,31,37,509/- while holding that the
books of accounts of the assessee were defective?
B. Whether the Ld. ITAT has erred in law on the facts of the case in
not upholding the action of the AO in disallowance of Rs.
1,08,34,15,088/- under Section 40A(3) of the Act and in holding that
no addition was made by the AO under Section 40A(3) whereas the
AO had categorically mentioned this addition in order and also
initiated penalty under Section 271(l)(c) of the Act, though no
separate addition was made considering the disallowance of higher
amount on account of bogus purchases?
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