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2020 (9) TMI 413 - AT - Income TaxEstimation of income - bogus purchases - restriction to the extent of 15% by CIT(A) as against 100% done by the Assessing Officer - HELD THAT:- ITAT for A.Y. 2010-11 on same facts as directed that the addition should be restricted to 6.5% of the bogus purchases. Thereafter in Miscellaneous Application the ITAT has taken note of assessee’s payment of 4% MVAT and thereafter it has directed that addition should be restricted to 2.5%. No case has been made out of the above decision of the ITAT in assessee’s own case in Income tax appeals as well as Miscellaneous Application have been reversed by Hon'ble Jurisdictional High Court. In this view of the matter, we have to respectfully follow the Coordinate Bench decision. We admit additional evidence being MVAT paid by the assessee for the concerned assessment years on the impugned purchases. We direct the Assessing Officer to examine the veracity of these MVAT paid @ 4% by the assessee. If the same are found in order, in accordance with the ITAT decision as above addition should be restricted to 2.5% of the impugned purchases.
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