9911796707
TMI Blog2021 (2) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... ders, both dated 26th March 2019, passed by the learned Commissioner of Income Tax (Appeals)-5, Mumbai, pertaining to the assessment years 2010-11 and 2011-12. 2. The common dispute in the present appeals is with regard to disallowance made on account of non-genuine purchases. 3. Brief facts, which are common in both the appeals are, the assessee is a partnership firm trading in ferrous and non- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion bills. Though, the assessee furnished some documentary evidences to prove the genuineness of purchases, however, the Assessing Officer was not convinced with them. Thus, ultimately, he held the purchases as non-genuine. However, instead of disallowing the entire purchases, he restricted the disallowance to 12.5% of the alleged non-genuine purchases in both the assessment years relying upon the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al paper book. 6. The learned Departmental Representative relied upon the observations of the Assessing Officer and learned Commissioner (Appeals). 7. I have carefully considered the rival submissions in the light of the decisions relied upon and perused the material on record. The facts on record reveal that the assessee was unable to conclusively prove that the purchases were made from the dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the non-genuine purchases would be fair and reasonable. Accordingly, I direct the Assessing Officer to restrict the disallowance to 4% of the non-genuine purchases in both the assessment years under dispute. 8. The ground raised by the assessee challenging the re-opening of assessment having not been pressed at the time of hearing is dismissed. 9. Ground No. 4, challenging levy of interest bei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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