9911796707
TMI Blog2017 (6) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... These are the appeals filed by the assessee against the orders of CIT(A)-14, Mumbai dated 30/09/2016 and CIT(A) - 2, Thane, dated 30/09/2016 respectively for the A.Y.2009-10, 2010-11 and 2011-12 in the matter of order passed u/s.143(3) r.w.s 147 of the IT Act. 2. Common grievance of assessee relates to confirming the addition on account of bogus purchases to the extent of 100% of such purchases. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn filed on 04.10.2009 and original returns filed for A Yr 2010-11 and 2011-12, may be treated as return filed in response to notice. The assessee is manufacturer or cable reeling drums, cable drag chain and collector column. The re-assessment order u/s 143(3) r.w.s. 147 of the Act, were finalized on 03.03.2014 A Yr 2009-10) and 18.03.2015 (A Yr 2010-11) and 19.03.2015 (A Yr 2011-12) at total in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urn filed by him may be treated as response to the notice under section 148. The assessment was reopened to verify the purchases made from various parties on the basis of investigation carried by Sales Tax Department. The A.O. has also relied on statements of persons whose cross examination has not been provided to the Assessee. During the course of assessment proceeding for A.Y.2009-10 the A.O. a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e inference can be drawn against the Assessee. However, the A.O. finalized the assessment vide assessment order dated 03.03.2014 under section 143(3) r.w.S 147 of the Act determining total income at Rs. 7,21,574/- by disallowing of Rs. 4,89,684/ - under section 69C of the Act. 9. I found that during the course of assessment proceedings on basis of information received from the sales tax departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years. 10. Under these facts and circumstances, relying on the decision of Bombay High Court in case of Nikam Exims Pvt. Ltd., I hold that addition to the extent of 10% of such bogus purchase will serve the purpose, keeping in view the nature of trade being carried on by the assessee vis-a-vis other facts and circumstances of the case. 11. Facts and circumstances in all the years are parametria ..... X X X X Extracts X X X X X X X X Extracts X X X X
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