TMI Blog2018 (1) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... we are inclined to follow the same. Accordingly we set aside the order passed by Ld CIT(A) and direct the AO to restrict the addition to 12.50% of the value of bogus purchases. Appeal of the assessee is partly allowed. - I.T.A. No. 5320/Mum/2016 - - - Dated:- 14-12-2017 - Shri B.R. Baskaran (AM) And Ramlal Negi (JM) For The Assessee : Shri Y.P. Trivedi For The Department : Shri Rajes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee as mentioned in the petition and accordingly prayed that the delay may kindly be condoned. 3. We heard the parties on this preliminary issue. The cause of delay is essentially a question of fact and hence the reasons given in each case have to be analysed independently. In the instant case, having regard to the submissions made in the petition, we are of the view that the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee s own case in AY 2007-08 to 2011-12 and the Tribunal, vide its order dated 08-08-2017 passed in ITA Nos.2121 to 2125 has restricted the addition to 12.50% of the value of bogus purchases. Accordingly the Ld A.R prayed that the order passed in the earlier years may kindly be followed. 6. On the contrary, the Ld D.R that the Hon ble Supreme Court has confirmed the addition of 100% of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars, wherein the addition was confirmed to the extent of 12.50% of the value of purchases. Since there is no change in facts, we are inclined to follow the same. Accordingly we set aside the order passed by Ld CIT(A) and direct the AO to restrict the addition to 12.50% of the value of bogus purchases. 9. In the result, the appeal of the assessee is partly allowed. Order has been pronounced i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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