TaxTMI 
TaxTMI 
2013 (7) TMI 825
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Garodia, AM:- Both these appeals are filed by the assessee which are directed against two separate orders of Ld. CIT(A) V, Baroda both dated 08.12.2008 for the assessment years 2003-04 and 2004-05. For the sake of convenience, both these appeals were heard together and are being disposed off by way of this common order. 2. In both these years, two issues are raised by the assessee. One is regar....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ssessee. Now, the assessee is in further appeal before us. 4. It was submitted by the Ld. A.R. that in the case of ITO Vs Shri Satyanarayan P Rathi in I.T.A.No. 3407/Ahd/2009 and 46&47/Ahd/2010 dated 10.02.2012, the Tribunal has held that the addition/disallowance to the extent of 12.5% on account of bogus purchases will meet the ends of justice. He further submitted that copy of this tribunal or....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hat in the present case also, it is noted by Ld. CIT(A) that the assessee has produced quantitative tally of the material purchased and material sold and the payments have been made through cheques from explained funds of the assessee. 5. As against this, Ld. D.R. supported the order of Ld. CIT(A). He further submitted that in the tribunal order cited by Ld. A.R., it is observed by the Tribunal t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Anubhai Shivlal which was reproduced by the tribunal in the order rendered in the case of Shri Satyanarayan P Rathi (supra). In that order, the tribunal has considered another tribunal decision rendered in the case of Sankit Steel Traders in I.T.A.No. 2801 & 2937/Ahd/2008 dated 20.05.2011. In that case also, the allegation of bogus purchase was from the same two parties i.e. Girnar Sales Corporati....