2010 (1) TMI 740

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.... 1. The Commissioner of Income-Tax-I, Ahmedabad has filed these two appeals for the assessment year 2001-02 proposing to formulate the following substantial question of law for determination and consideration of this Court:-   Whether the Appellate Tribunal has correctly appreciated the facts on record so as to delete the entire addition of Rs.13,48,059/- made on account of bogus purchas....

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....s. The CIT Appeals has restricted the disallowance at 25% of the unverifiable purchases of Rs.14,42,809/- and granted relief of Rs.9,87,351/-. While arriving at this conclusion, CIT Appeals relied on the decision of the Appellate Tribunal, Ahmedabad in ITA No. 5998/Ahd/1994 in the case of M/s. Vijay Proteins Ltd., wherein the disallowance of 25% of the purchase cost of unverifiable purchases was h....

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....hereafter examined Mr. Satish Bhavsar, the proprietor of the said M/s. Padmavati Sugar Candy Works and the statement was recorded. He has also verified the bank statement of Union Bank of India, wherein various cheques have been deposited and all the payments have come through bank transaction. On this basis, the Tribunal has come to the conclusion that the Assessing Officer and CIT Appeals are no....