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TMI Blog2020 (6) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... & 2011-12 vide even date 26.03.2015 & 23.03.2015, under section 143(3) r.w.s 147 of the Income-tax Act, 1961 (hereinafter 'the Act'). 2. The only common issue in these three appeals of assessee is as regards to the order of CIT(A) confirming the disallowance of purchases from alleged suspicious dealers by estimating the profit rate of 12.5% on the bogus purchases. For this, the assessee has raised the identical worded grounds in all the years except quantum and the facts and circumstances of the case are also identical. Hence, I will take the facts from Assessment Year 2010-11 in ITA No. 1854/Mum/2019. The relevant ground in Assessment Year 2010-11 read as under: - "1. On the facts and in the circumstances of the case, the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax department Govt. of Maharashtra that the assessee has made purchases from the following parties who indulge in issuing bogus bills without supply of any goods or materials for commission. The following are the parties and the total amount amounting to Rs. 64,79,583/-:- Sl NO. Name of the purchase party Amount of purchase 1. Liberty Trading Company 7,50,249 2. Global Trade Impex 12,43,643 3. Atlas International (I) 9,02,272 4. Seemant Trading Co. 10,40,336 5. Premier Enterprise 12,33,187 6. Nirmal Metal Enterprise 7,99,404 7. Aarco Enterprises 5,10,492 Total 64,79,583 4. The Assessing Officer noted that the sale Tax Department carried out a detailed inquiry in respect of the above parties and is of the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms/partnership concerns as hawala dealers who are engaged in accommodation entries without actually supplying the goods. The appellant is one of the beneficiary and has received such accommodation bills from one of the hawala operators totaling to Rs. 33,82,929/-. The A.O. attempted to verify such parties by making independent enquiries u/s. 133(6) of the I.T. Act, 1961. However, no reply was received from them. The appellant filed certain details such as purchase bills, ledger account, bank statement etc. However, some of the specific details required to establish the genuineness of purchase such as evidence of transportation of goods, entry of goods in the stock register, one to one consumption pattern of alleged purchase items, confirma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idences such as purchase bills, books of account, bank statement proving that the purchases are made through account payee cheques but the assessee could not produce genuiness of purchase as he was not having any evidence like transportation of goods, entry of goods in the stock register as one to one consumption pattern of alleged purchases item wise and confirmation from the parties/ concerns etc. I noted that in view of the above, the CIT(A) has rightly estimated the profit rate of alleged bogus purchase. But, I am of the view that the profit rate can be estimated on some basis as in the state of Gujart VAT is at 8%, whereas in Maharashtra it is 4 to 6% varies from item to item. Going by the fact that this material might have been purch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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