TMI Blog2017 (12) TMI 1687X X X X Extracts X X X X X X X X Extracts X X X X ..... imited vs. DCIT [ 2016 (6) TMI 1139 - GUJARAT HIGH COURT] as observed that it would be just and proper to direct the Assessing Officer to restrict the addition in respect of the undisclosed income relating to the purchase to 25% of the total purchases - we decline to interfere with the findings of the CIT(A) in restricting the addition/disallowances to 25% of the bogus purchase. - Decided agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being treated as sham purchases and the restriction made by the CIT(A) by disallowing the total purchases at 25% thereby giving relief to the assessee in respect of 75% of the total purchases for which the Revenue is in appeal before us and the assessee is in appeal in respect of the addition sustained to the extent of 25%. 3. The relevant fact relates to the finding of the Assessing Officer in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as considered by the Hon ble jurisdictional High Court of Gujarat in the case of N.K. Industries Limited vs. DCIT, 292 CTR 354 (Guj) and the relevant findings of the Hon ble jurisdictional High Court read as under :- 6. The Tribunal in the case of Vijay Proteins Ltd. (supra) has observed that it would be just and proper to direct the Assessing Officer to restrict the addition in respect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 288/- represented alleged purchases from bogus suppliers it was not incumbent on it to restrict the disallowance to only ₹ 73,23,322/-. 7. As no distinguishing decision has been brought on record in favour of the Revenue and finding parity in facts with the facts considered by Hon ble jurisdictional High Court (supra), we decline to interfere with the findings of the CIT(A) in restrictin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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