TMI Blog2019 (7) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. MADHUMITA ROY, JJ. Appellant by : Shri Nupur Shah, AR Respondent by: Shri Mudit Nagpal, Sr. DR ORDER WASEEM AHMED, J. The captioned appeals have been filed at the instance of the Assessee against the separate orders of the Commissioner of Income Tax (Appeals) 6, Ahmedabad [CIT(A) in short] vide appeal no.CIT(A)-6/20 and 19/16-17 dated 17/08/2017 arising in the assessment order passed under s.147 r.w.s. 143(3) of the Income Tax Act, 1961(here-in-after referred to as the Act ) dated 14/03/2016 relevant to Assessment Years (AYs) 2010-11 2011-12 respectively. Before us, both the parties submitted that though the appeals relate to different assessment years, the facts in both the appeals are identical exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncements relied upon by the appellant. 3. The appellant reserves his right to add, amend, alter or modify any of the grounds stated hereinabove either before or at the time of hearing. PRAYER The appellant therefore respectfully prays that:- 1. The rejection of appellant s books of accounts confirmed by the Ld.CIT(A) may kindly be quashed. 2. Addition on account of alleged bogus purchases of ₹ 63,44,326/- as confirmed by the Ld.CIT(A) may kindly be deleted. 3. Such and further relief as the nature and circumstances of the case may justify. At the outset, we note that the learned AR for the assessee has not advanced any argument on the issue of rejection of the books of accounts as raised in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. We have heard the rival contentions of both the parties and perused the materials available on record. At the outset, we note that the impugned issue is covered in the own case of the assessee as discussed above. The relevant extract of the order is reproduced as under: 7. We have carefully considered the rival submissions and the orders of the authorities below. The maintainability of estimated disallowance out of alleged bogus purchases is in controversy. In this regard, we notice that the assessee is engaged in trading of goods and therefore every purchase gets matched by corresponding sales/closing stock. Thus, the scope of manipulation in bills towards purchase quantity is nearly non-existent. What at best thus can be ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ared would cover possible suppression in prof its and will balance the equity. Such estimation would also be in tune with the judgment of Hon ble Gujarat High Court in Gujarat Ambuja Exports (supra). Accordingly, we direct the AO to restrict the estimated disallowance to ₹ 6,42,657/ - on account of alleged bogus purchase. 8. In the result, the appeal of the assessee is partly al lowed. As the issue involved in the present appeal is identical to the facts as discussed above, therefore we are not inclined to take any contrary view. Moreover, the learned DR has not brought anything contrary to the argument of the learned AR for the assessee. Therefore, respectfully following the same the ground of appeal of the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the grounds stated hereinabove either before or at the time of hearing. PRAYER The appellant therefore respectfully prays that:- 1. The rejection of appellant s books of accounts confirmed by the Ld.CIT(A) may kindly be quashed. 2. Addition on account of alleged bogus purchases of ₹ 8,28,788/- as confirmed by the Ld.CIT(A) may kindly be deleted. 3. Such and further relief as the nature and circumstances of the case may justify. 7. Both the sides consented that identical issue is involved in this appeal too. Thus, for parity of reasons noted above, our view in ITA No.2248/Ahd/2017 for AY 2010-11 above shall apply mutatis mutandis to this appeal captioned above. As a result, the appeal of the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
