9911796707
TMI Blog2021 (3) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Briefly stated the facts are that, assessee engaged in the business of manufacturing of electromagnetic clutch and clutch breaks filed return of income on 28.09.2010 and 29.09.2010 declaring income of Rs..24,47,749/- and Rs..24,39,165/- for the A.Ys: 2009-10 and A.Y. 2010-11 respectively, and the returns were processed u/s. 143(1) of the Act. Subsequently, Assessing Officer received information from the DGIT (Inv.,), Mumbai about the accommodation entries provided by various dealers and assessee was also one of the beneficiary from those dealers. The assessments were reopened U/s. 147 of the Act based on the information received from DGIT(Inv.), Mumbai, that the assessee has availed accommodation entries from M/s. Hariom Traders who i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the alleged bogus purchases of Rs..2,94,138/- and Rs..5,56,463/- for the A.Y. 2009-10 and A.Y. 2010-11 respectively as non-genuine and added to the income of the assessee. On appeal the Ld.CIT(A) considering the evidences and various submissions of the assessee restricted the disallowance to an extent of 25% of the non-genuine purchases. 4. Inspite of issue of notice none appeared on behalf of the assessee nor any adjournment was sought by the assessee. Therefore, I proceed to dispose off this appeal on hearing the Ld. DR on merits 5. Ld. DR vehemently supported the orders of the Assessing Officer. On a perusal of the order of the Ld.CIT(A), I find that the Ld.CIT(A) considered this aspect of the matter elaborately with reference to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la 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 four of the hawala operators totaling to Rs. 2,94,138/-. The A.O. attempted to verify the party by making independent enquiry u/s.133(6) of the I.T.Act, 1961. However, the notice came back unserved. The onus shifted on the appellant particularly in the background of finding of of Sales Tax Department, Mumbai. 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 regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the disallowance made by the AO is restricted to 25% of the purchases claimed to have been made. Thus the ground of appeal raised by the appellant is partly allowed. 4.7. In the result, the appeal for A.Y.2009-10 is partly allowed. B. A.Y.2010-11 (I.T.No.272): 1.1. The facts and circumstances of this case are absolutely identical to that of A.Y.2009-10 except that the bills for bogus purchases in this year are as under: st. No Name of the entity Amount (Rs.) 1. Hariom Traders 5,56,463/- Total 5,56,463/- 1.2. On the basis of arguments, discussion and reliance of case laws, 100% disallowance of purchases made by the A.O. is upheld in principle but restricted to 25%. The ground of appeal filed by the appellant on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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