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2017 (11) TMI 1602 - AT - Income TaxUnexplained expenditure - accommodation bills for introducing unaccounted goods into the accounted streams - CIT-A came to conclusion that disallowance @25% of the alleged bogus purchases is warranted but as differential between GP ratio of the year under consideration with GP ratio of AY 2012-13 which was the highest GP ratio in the last 5 years led learned CIT(A) to uphold additions to the tune of 100% of alleged bogus purchases - Held that:- We have discussed anomaly in working of learned CIT(A) as he undertook cherry picking by choosing highest GP ration in all these five years as well chose for subsequent years without giving any basis/justification for such choice. We have observed that the tribunal in assessee’s own case after considering entire factual matrix of the case has upheld addition to the tune of 12.50% of the alleged bogus purchases for AY 2009-10 Respectfully following the afore-stated decision of the tribunal in assessee’s own case for AY 2009-10, disallowance in the instant appeal is restricted to 12.5% of the bogus purchases - Decided partly in favour of assessee.
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