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of <h1>Appellant's appeal partly allowed, reduction in bogus purchases addition, dismissal of interest and penalty grounds.</h1> <h3>D. Ketan And Co. Versus Asstt. Commissioner of Income Tax 32 (1), Mumbai.</h3> D. Ketan And Co. Versus Asstt. Commissioner of Income Tax 32 (1), Mumbai. - TMI Issues Involved:- Estimated addition on account of bogus purchases- Levy of interest under sections 234A, 234B, and 234C of the Income Tax Act- Initiation of penalty proceedings under section 271(1)(c) of the ActSummary:Issue 1: Estimated addition on account of bogus purchasesThe appellant, a partnership firm trading in iron and steel, challenged the addition of Rs. 25,23,995/- made by the Assessing Officer under section 69C of the Act for alleged bogus purchases. The appellant provided documents to substantiate the transactions, but the Assessing Officer disregarded them and estimated an addition of 12.5%. The CIT(A) dismissed the appeal in an ex-parte proceeding. The appellant argued that the estimation was on the higher side and that the cost of machinery should be excluded from the alleged bogus purchases. The Tribunal agreed that the estimation was high and reduced the estimated G.P. on bogus purchases to 7.5%.The cost of machinery was directed to be reduced from the bogus purchases. Grounds 1 to 3 of the appeal were partly allowed.Issue 2: Levy of interest under sections 234A, 234B, and 234C of the ActThe appellant contested the charging of interest under these sections, but the Tribunal dismissed the ground as charging interest was deemed mandatory and consequential.Issue 3: Initiation of penalty proceedings under section 271(1)(c) of the ActThe appellant challenged the initiation of penalty proceedings, but the Tribunal dismissed the ground as premature, stating that challenging penalty proceedings at this stage was not appropriate.In conclusion, the Tribunal partly allowed the appeal of the appellant, modifying the impugned order regarding the estimated addition on bogus purchases and dismissing the grounds related to interest and penalty proceedings.
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