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These three appeals have been preferred by the assessee against the order confirming the penalty u/s 271(1) (c) of the Income Tax Act, 1961. ITA No. 3791 pertains to AY 2008-09, ITA No. 3792 pertains to AY 2009-10 & ITA No. 3193 pertains to AY 2010-11. These three appeals emanate from the analogous orders dated 30.03.2016 passed by the Ld. CIT (A)-25, New Delhi. For sake of convenience, these three appeals are disposed by this common order.

2. Brief facts of the case are that the assessee is a company engaged in business of horticulture, agriculture and real estate. On 26.03.2010 a search u/s 132 of the Income Tax Act, 1961 ("The Act") was carried out at the business and residential premises of the assessee who belongs to Ashok Solomen and Chintels Group of cases. On post search enquiry, it was found that one Shri Tarun Goyal was subjected to search u/s 132 of the Act on 1st September 2008 wherein it was found that he had created more than 90 companies which were engaged in the business of bogus bills and providing accommodation entries such as share capital, share application money, loans and advances and who charged commission accordingly. During the enquiry it was noted that Shri Tarun Goyal had more than 120 bank accounts and that he had deposited more than Rs.250 crores as cash in those bank accounts. It was also found that the Directors of those companies were bogus and the addresses of those companies were also bogus. Statement of Shri Tarun Goyal was recorded u/s 132(4) of the Act, wherein he accepted that he was engaged in providing accommodation entries and bogus bills to various persons. During the course of investigation it was found that one company M/s Macro Infotech Ltd. was also formed by Shri Tarun Goyal, which was engaged in issuing bogus bills and which did not have any expertise in software business. During the enquiry after the search and seizure operation it was found that the assessee had purchased software of Rs. 42,424,550/- from M/s. Macro Infotech Ltd. It was alleged by the AO that the assessee had taken the bogus bills to inflate their expenditure. Further vide letter dated 19.08.2011 the assessee was further asked about the Macro Infotech Ltd and its transaction with the assessee from Assessment Years 2003-04 to 2009-10 and the assessee was also asked to prove the genuineness of the transaction made with M/s. Macro Infotech Ltd. In response to this the assessee submitted on 28.11.2011 that M/s. Macro Infotech Ltd was engaged in the business of supply of various kinds of the computer software, graphics and other elite products and that during FY 2007-08, the assessee had purchased software of Rs. 42,424,550/- from the company and payment for which was made through account payee cheques. It was further submitted that these software were installed in the assesseee company and were recorded in the books of account. The assessee submitted that the software was sophisticated and was most effectively used as marketing and sales tool. It was further submitted that the software was later handed over to M/s Sobha Developers Limited for joint use of developing and marketing upon the assessee entering into a Joint Development Agreement dated 25th September, 2008 with M/s Sobha Developers Ltd. for 32 acres of group housing project. It was further submitted before the AO that later on this project was cancelled vide agreement dated 08.10.2011 and assessee was informed by M/s Sobha Developers Ltd. that the software had been damaged and destroyed and, therefore, the same cannot be returned. It was also submitted before the AO that the bills had been debited in the books of account and depreciation had been claimed.