TMI Blog2021 (11) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... ll these three year(s) deserve to be restricted to disallowance @ 8% only in the given facts and circumstances with a rider that the same shall not be taken as a precedent in any other case. Necessary computation shall follow as per law. - ITA No. 1746/Hyd/2019 - - - Dated:- 27-10-2021 - S. S. Godara , Member ( J ) And Laxmi Prasad Sahu , Member ( A ) For the Appellant : Y. Ratnakar For the Respondents : Rohit Mujumdar , DR ORDER Per S. S. Godara , JM 1. This appeal is filed by the assessee against the order of the Ld. CIT(A)-6, Hyderabad in case No. 10210/2017-18/A3/CIT(A)-6, dated 02/06/2019 passed U/s. 143(3) r.w.s. 147 and U/s. 250(6) of the Income Tax Act, 1961 (the Act) for the Assessment Year 2010-11. Hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any of the above grounds as the occasion may require. 10. For these and other reasons that will be submitted at the time of hearing it is prayed that the appeal be allowed, reopening of assessment be quashed and also addition of ₹ 42,18,510/-. 3. We have noticed at the outset that assessee's instant appeal suffers from 55 days delay in filing. The Ld. Counsel submitted that due to ill health during the relevant period, Mr. Vijaykumar, Managing Partner of the assessee-company could not approach the Learned Counsel and therefore there was a delay in filing the instant appeal before the Tribunal beyond the prescribed time limit. Case law Collector Land Acquisition vs. Mst. Katiji Ors., 1987 AIR 1353 (SC) and University of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bai that the assessee had sourced its purchases involving varying sums (supra) from M/s. Bhanwarlal Jain group concerns namely M/s. Prime Star in these three assessment years. And that the department had carried out a search and seizure operation in the said group on 03-10-2013 wherein its authorised person(s) had admitted to have been providing bogus sales entries. This made the Assessing Officer to take recourse to Section 148 and 147 mechanism culminating in the impugned bogus purchases disallowances affirmed upto the CIT(A)'s order(s) under challenge. 5. Learned counsel's first and foremost vehement contention seeks to quash the impugned reopening without recording the reasons based on tangible material which could even ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition in entirety in all these three assessment years. This is for the precise reason that going by the circumstances before us, it can be safely inferred that the assessee obtained bogus purchase invoices from M/s. Bhanwarlal Jain group and further sourced its purchases from other suppliers. We next note that this tribunal's coordinate bench in ITA Nos. 3451 3454/Mum/2017 ITO Vs. M. Shailesh and Co. dt. 22-01-2019 (in case of the very search) as well as various other similar orders hold that only a percentage of such purchases than the entire amount(s) thereof has to be disallowed. The fact also remains that such an estimation depends on facts of each and every case than involving any legal interpretation which could be treated as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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