2015 (4) TMI 499

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....P Tolani: This is an appeal filed by the assessee against the order dated 23/01/2012 by the learned CIT(A)-II, Jaipur for A.Y. 2007-08. Respective grounds of appeal are as under: "1. The learned CIT(A) erred in law as well as on the facts of the present case in passing the order ex parte without providing the assessee an opportunity of being heard. 2. The learned CIT(A) erred in law as we....

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....prays your Honour's indulgence to add, amend, modify or delete all or any ground of appeal." 2. None appeared on behalf of the assessee. Written submissions are filed, which are taken into consideration. It is contended in the written submissions, that in a recent decision in the case of Shri Anuj Kumar Varshney & Ors. Vs. ITO & Ors. In ITA No. 187/JP/2012 dated 22/10/2014, the Hon'ble ITAT has....

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....CIT(A) relied on various judgments i.e. decision in the case of Suresh L. Agarwal Vs ITO (2010-TIOL 649 ITAT), decision of Hon'ble Gujarat High Court in the case of CIT Vs. Chandravilas Hotel (164 ITR 102) and Hon'ble Delhi High Court decision in the case of Goodyear India Ltd. Vs. CIT (246 ITR 116). 6. We have heard the rival contentions of both the parties and perused the material available o....

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....l that 15% disallowance out of bogus purchases is reasonable on unverifiable purchases and will meet the ends of justice. The rejection of books of account is justified. The assessee gets relief partly". Facts and circumstances of this case are similar consequently, we find merit in the written submission of the assessee to restrict the disallowance to 15%, rejection of books of account is uphe....