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TMI Blog2018 (10) TMI 1292X X X X Extracts X X X X X X X X Extracts X X X X ..... 93,542/- for A.Y. 2010-11 and Rs. 9,36,462/- for A.Y. 2011-12. 3. Since the facts are common and connected, I am referring to the facts and figures from A.Y. 2009-10. 4. Brief facts of the case are as under: Assessment Year 2009-10 (I.T.No. 116) has been taken as lead year. The Return of Income in this case was filed on 27.09.2009 declaring total income of Rs. 8,15,510/-. Subsequently, the A.O. received information from Sales Tax Department and also from the office of DGIT (Inv), Mumbai that the appellant is a beneficiary of accommodation Bills of purchases from certain bogus Hawala Dealers. As per the information, the concerned Hawala Dealers had not sold any goods, but it had given accommodation entries of sales to the appellant. As pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ineness of payment. Relying on certain case laws, the Assessing Officer finally concluded that the purchases from the above mentioned hawala dealers are not genuine and as per the ratio of judgement in the case of Vijay Protein Ltd. 1996 58 ITD 428 (Ahmedabad), 25% of such purchases was disallowed. 6. Against the above order assessee appealed before the ld. CIT(A). The ld. CIT(A) restricted the addition of 12.5% of the bogus purchase. 7. Against the above order of the ld. CIT(A), the assessee is in appeal before the ITAT. 8. I have heard the ld. Departmental Representative (ld. DR for short). A request for adjournment was moved on behalf of the assessee. The same is rejected as the issue of bogus purchase has already been dealt with in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such circumstances, there is no doubt that these parties are non-existent. We find it further strange that assessee wants the Revenue to produce assessee's own vendors, whom the assessee could not produce. The purchase bills from these non-existent/bogus parties cannot be taken as cogent evidence of purchases. In light of the overwhelming evidence, the Revenue authorities cannot put upon blinkers and accept these purchases as genuine. This proposition is duly supported by Hon'ble Apex Court decision in the case of Sumati Dayal vs. CIT [1995] 214 ITR 801 (SC) and CIT vs. Durga Prasad More [1971] 82 ITR 540 (SC). In the present case, the assessee wants that the unassailable fact that the suppliers are non-existent and, thus, bogus should be i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the decision of CIT Jaipur vs. Aditya Gems, D. B. in ITA No. 234 of 2008 dated 02.11.2016, wherein the Hon'ble Court had inter alia held as under: "Considering the law declared by the Supreme Court in the case of Vijay Proteins Ltd. Vs. Commissioner of Income Tax, Special Leave to Appeal (C) No.8956/2015 decided on 06.04.2015 whereby the Supreme Court has dismissed the SLP confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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