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2017 (11) TMI 1347 - AT - Income TaxAddition u/s. 69C - in-genuine purchases - Held that:- We find that the assessee purchased from Shree Sai Trading Co. of ₹ 13,89,232/-, from V3 Enterprise of ₹ 24,50,130/-, from Deep Enterprises of ₹ 33,18,054/- and from Niidhish Impex P. Ltd. of ₹ 24,44,624/- and these were same parties from whom purchases were made by assessee in A.Y. 2010-11. Therefore, no addition can be made in respect of these parties as Tribunal has already deleted addition thereof in A.Y. 2010-11. We find that in respect of other parties, the AO during the assessment proceeding asked the assessee to produce the purchase bill, alleged bogus purchase payment detail, corresponding sales details and quantity detail of the stock. We find from the assessment order that AO, without making any independent enquiry, has made addition of 12.5% on total transaction, which was not fair. We find that in the similar situation, it has been decided by ITAT in the case of Ramesh Kumar & Co vs. ACIT [2014 (11) TMI 1016 - ITAT MUMBAI] as held that there is nothing, in the order of the AO, about the cash trail. Secondly, proof of movement of goods is not a doubt. Therefore considering the peculiar facts and circumstances of the case under appeal, we are of the opinion that the order of the FAA does not suffer from any legal infirmity and there are not sufficient evidence on file to endorse the view taken by the AO - Decided in favour of assessee
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