TMI Blog2021 (3) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... not doubted sales declared by the assessee, only he suspects the purchases. By respectfully following the decision in the case of CIT vrs. Smith P. Sheth [ 2013 (10) TMI 1028 - GUJARAT HIGH COURT] we are inclined to agree with the findings of Ld. CIT(A). Therefore, grounds raised by the revenue are dismissed. - I.T.A. No. 4566/Mum/2019 - - - Dated:- 25-1-2021 - Shri Vikas Awasthy, JM And Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he information received from the DGIT(Inv) and Maharashtra Sales Tax Department about the accommodation entries obtained by the assessee. Accordingly, assessment was reopened u/s 147 of the Act and subsequently assessment was completed u/s 143(3) r.w.s 147 of the Act by the AO thereby making 100% addition on account of bogus purchases. 4. Aggrieved with the above order, assessee preferred appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and in the circumstances of the case, and in law, the Ld. CIT(A) has erred in not appreciating the fact that the assessee could not establish the genuineness of the purchases from the nonexistent vendors as per information received from Law enforcement agency of State Govt. of Maharashtra i.e. Sales Tax Department, and established by the Assessing Officer. 2. On the facts and in the cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are unverifiable/not genuine/bogus, the same should have been disallowed in entirety, particularly in view of the ratio of the decision of the Hon'ble Gujarat High Court in Tax Appeal No. 242 of 2003 dated 20/06/2016 in the case of N. K. Proteins Ltd. against which the SLP was dismissed by the Hon'ble Apex Court. 5. It is humbly requested that present appeal is being filed in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X
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