TMI Blog2016 (11) TMI 1683X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. DR fails to dispute the fact that assessee s sales/exports of the grey cloth already stand accepted. Nor does it file before us any material to conclude that the above percentage of the addition is in any way unreasonable. We thus find no reason to interfere with the lower appellate order restricting the impugned bogus purchases addition in peculiar facts of the case. It is made clear that the above percentage shall not be treated as a precedent in any preceding or succeeding assessment year in assessee s cases. Decided against revenue. - ITA. No. 764/Ahd/2013 - - - Dated:- 25-11-2016 - SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER For the Revenue : Shri Prasoon Kabra, Sr. D.R. For the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held the above addition in his lower appellate order dated 28.02.2007. This assessee filed ITA No.2089/Ahd/2007 before this tribunal. A co-ordinate bench in its order dated 19.07.2007 admitted assessee s additional evidence and directed the CIT(A) to readjudicate the issue afresh. The CIT(A) has thereafter passed the order under challenge restricting the above purchases disallowance as under: 4. I have carefully considered the facts of the case, remand report of Assessing Officer and the submissions of appellant. From the facts, it is apparently clear that the assessee has not been able to prove the genuineness of purchases. He has not even tried to bring any new evidence or details to strengthen his case. Repeatedly he has been filling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discharge. However, it is apparent form the record that the AO has made an investigation and examined all the relevant facts and has rightly come to the conclusion that the above creditors are not genuine. The AO has also rightly come to a conclusion that the books 'of account of the appellant are not correct and are incomplete in the sense that the same do not reflect the actual state of affairs of the appellant. It is evident from the above that the AO has been able to prove that the purchases made by appellant from the aforesaid parties are not genuine and he has merely obtained bogus purchase bills with inflated cost. Considering all these facts, it is held that the said purchases of ₹ 3,02,53,360/- are bogus purchases. But, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g into consideration the legal discipline, it is considered fair to follow the decision already given by other CIT(A) on the same facts. But, I have deviated from that procedure for the reason that I have many decisions available with me for my guidance on the similar facts delivered by Hon'ble Jurisdictional ITAT. Further, in place of following the decision of colleague CIT(A), it is always preferable to follow the decision of superior authority -which is binding also on lower authorities. Therefore, following the decision of Hon'ble ITAT, the issue has been decided by me. 5. Heard both sides reiterating their respective pleadings. The Revenue s main argument is that the CIT(A) s above extracted findings traverse beyond the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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