TMI Blog2013 (7) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... % of the alleged bogus purchase will meet the ends of justice - Following decision of VIJAY PROTEINS LTD. Versus ASSISTANT COMMISSIONER OF INCOME TAX. [2002 (2) TMI 349 - ITAT RAJKOT] - Decided partly in favor of assessee. - I.T.A. No.652, 653 / Ahd/2009 - - - Dated:- 30-4-2012 - Shri A. K. Garodia And Shri Kul Bharat,JJ. For the Appellant : Shri Anil shah, AR For the Respondent : Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in both these years. 3. As per ground No.5 on merit, Ld. CIT(A) has confirmed the addition of Rs.1 lacs out of total addition made by the A.O. of Rs.4 lacs in assessment year 2003-04 and in assessment year 2004-05, CIT(A) has confirmed addition of Rs.1,12,768/- as against the total addition made by the A.O. of Rs.4,51,070/-. In both these years, Ld. CIT(A) has confirmed the addition to the exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal decision also which is followed by Ld. CIT(A) in the present case i.e. the Tribunal decision rendered in the case of Vijay Proteins Ltd. as reported in 58 ITD 528 and even after considering this Tribunal decision, as against 25% addition, the Tribunal upheld the addition @ 12.5% only because in that case, it is noted by the tribunal that books of account were maintained by the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. A.R. We find that in that case, the Tribunal has duly considered the tribunal decision rendered in the case of Vijay Proteins Ltd., (supra), which has been followed by Ld. CIT(A) and in that case, addition of 25% was upheld by the Tribunal. Regarding this argument of Ld. D.R. that if the addition made by the A.O. is upheld the GP will be more than the sales, we find that this observation is as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and material sold, we feel that addition of 12.5% of the alleged bogus purchase will meet the ends of justice in the present case and hence, we hold so by respectfully following the precedence cited by Ld. A.R. The A.O. is directed accordingly in both the years. 7. In the result, both these peals of the assessee are partly allowed. 8. Order pronounced in the open court on the date mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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