2013 (7) TMI 825

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....av, Sr. DR ORDER Per Shri A. K. 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....

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.... the total alleged bogus purchases by the assessee. 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 fu....

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....ted to audit u/s 44AB. He further submitted that 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 cite....

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.... 3 of the tribunal order rendered in the case of 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....