2020 (11) TMI 342

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Accountant Member ) 1. Aforesaid appeal by revenue for Assessment Year [in short referred to as 'AY'] 2009-10 contest the order of Ld. Commissioner of Income- Tax (Appeals)-26, Navi Mumbai [in short referred to as 'CIT(A)'], Appeal No. CIT-26/IT/231/2015-16 dated 25/02/2019 in restricting certain addition on account of alleged bogus purchases to 12.5% of total bogus purchases of Rs. 52,97,038/- .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The details of purchases so made have already been extracted in para-3 of the assessment order. Although the assessee filed copies of bills, ledger account of parties & relevant bank statements to support these transactions, however, notices issued u/s. 133(6) to confirm the transactions remained un-served. The assessee could not produce any of the parties. Therefore, a conclusion was drawn that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o reason to interfere with the order of Ld. first Appellate Authority. Evidently, the assessee was in possession of primary purchase documents and corresponding sales formed part of books of account. At the same time, notices issued u/s. 133(6) remained unserved and assessee failed to produce even a single party. Truly, there could not be any sale without actual purchase of material and therefore .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X