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2021 (7) TMI 134

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..... re taken up together for adjudication and are disposed of by this common order. ITA No. 273/Mum/2020-A.Y. 2010-11 2. Shri B.P. Purohit appearing on behalf of the assessee submitted that the assessee is engaged in dyeing of yarn. In assessment proceedings, the Assessing Officer held that the assessee has obtained bogus purchase bills aggregating to Rs. 25,94,587/- in assessment year 2010-11 from suspicious dealers. The assessee in order to substantiate genuineness of purchases furnished ledger accounts, purchase invoice, bank statements, etc. However, the Assessing Officer disbelieved the same and made addition of entire alleged bogus purchases. Against assessment order dated 22/03/2012 passed under section 143(3) of the Income Tax Act, 19 .....

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..... ctor of the assessee company was recorded, wherein he admitted that he can produce consumption records. However, no such records were furnished. Further, the assessee failed to produce documentary evidence to show transportation of goods from suspicious dealers. The ld. Departmental Representative vehemently prayed for sustaining the impugned order and dismissing appeal of the assessee. 4. Both sides heard, orders of authorities below examined. Undisputedly, the assessee failed to discharge its onus in proving genuineness of purchases and the dealers from whom alleged bogus purchases were made. Documents viz. Octroi receipts, stock register, consumption records, etc. were not produced by the assessee before the authorities below to show tr .....

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..... charging of interest is mandatory and consequential this ground requires no separate adjudication. 7. The grounds No. 4 and 5 of appeal are general in nature, hence, require no adjudication. 8. In the result, appeal by the assessee is partly allowed. ITA NO. 274/MUM/2020- A.Y. 2011-12: 9. Both sides are unanimous in stating that the facts and grounds of appeal in assessment year 2011-12 are identical to assessment year 2010-11. A perusal of the assessment order reveals that the addition on account of bogus purchases amounting to Rs. 1,29,835/- has been made by the Assessing Officer in similar manner. As per the assessment order the G.P in assessment year 2011-12 is 9%. The CIT(A) has upheld the findings of Assessing Officer for the reas .....

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