PR. COMMISSIONER OF INCOME TAX-3 PUNE vs RAMELEX PRIVATE LTD

Judgment text excerpt

ITX-14-2022.ODT JYOTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY RAJESH ORDINARY ORIGINAL CIVIL JURISDICTION MANE Digitally signed by JYOTI RAJESH MANE INCOME TAX APPEAL NO. 14 OF 2022 Date: 2025.10.13 19:05:34 +0530 Pr. Commissioner Of Income Tax-3 Pune 3rd Floor, Income Tax Office , Pmt Bldg, Pune – 411037. ...Appellant Versus Ramelex Private Ltd S. No. 282, Sr. No. 81/2, Dangat Industrial Estate, NDA Road, Shivane, Pune - 411023 ...Respondent _______ Mr. Vikas T. Khanchandani, for Appellant. _______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. RESERVED ON: 19th September 2025 PRONOUNCED ON: 13th October 2025 JUDGMENT (PER: AARTI SATHE, J) : 1. This Appeal has been filed by the Appellant/Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’), challenges the order dated 28th September 2020, passed by Income Tax Appellate Tribunal (hereinafter referred to ‘ITAT’), rejecting the Revenue’s appeal which was filed against an order dated 1st December 2016, passed by the Commissioner of Income Tax (Appeals) -4, Pune, (hereinafter referred to ‘CIT(A)’). By the impugned order the ITAT has upheld the order passed by the CIT(A) and restricted the Gross Profit (GP) of the Respondent -Assessee to 15% calculating the GP amount on the alleged bogus purchases. The assessment year in question is A.Y. 2009-2010. Page 1 of 13 ITX-14-2022.ODT 2. By the present appeal, the Revenue has raised the following of law:- A.Whether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT was justified in restricting GP to 15% and in turn calculating the GP on amount of bogus purchases? B. Whether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT was justified in treating the purchases form M/s Entech Enterprises o