2018 (12) TMI 1199

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....Y, JM The aforesaid appeals by the same assessee are directed against a common order dated 07.11.2017 passed by the learned Commissioner of Income Tax (Appeals)-33, Mumbai for assessment years 2009-10 & 2010- 11. 2. The only issue in dispute in both the appeals relates to addition made on account of non-genuine purchases. 3. Brief facts, which are more or less common in both the appeals a....

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....not genuine, the Assessing Officer (AO) reopened the assessments under section 147 of the Income Tax Act, 1961 (hereinafter "the Act"). During assessment proceedings, apart from calling upon the assessee to prove the genuineness of purchases through proper documentary evidences, the AO also conducted independent enquiry by issuing notices under section 133(6) of the Act to the concerned parties....

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.... addition by estimating the profit @12.5% of the non-genuine purchases. Being aggrieved by the additions made, the assessee preferred appeals before the learned CIT(A). The learned CIT(A), after considering the submissions of the assessee in the context of facts and materials on record, restricted the addition in both the assessment years at 12.5% on the non-genuine purchases. 4. The learned Au....

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....ine purchases of Rs. 5,43,950/-, in A.Y. 2010-11 he has restricted the addition to 12.5% of the non-genuine purchases. While deciding the appeals filed by the assessee, the learned CIT(A) has confirmed the addition in both the assessment years at 12.5% of the non-genuine purchases. Admittedly, there are no appeals by the Department against the aforesaid order of the learned CIT(A). It is relevant ....