2017 (11) TMI 1825

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.... Rajesh S. Kothari ORDER Per R. C. Sharma ( A. M ) 1. This is an appeal filed by the Revenue against the order of CIT(A)-20, Mumbai dated 28.02.2017 for A.Y.2010-11, in the matter of order passed u/s.143(3) r.w.s. 147 of the I.T Act. 2. In this appeal revenue is aggrieved for confirming the addition by Ld.CIT(A) at 6% on the bogus purchases. 3. Rival contentions have been heard and ....

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....onducted and efforts made by the A.O. also revealed that the parties were non-existent. The Assessing Officer thus made an addition of Rs. 54,33,026/- treating the same as bogus purchases. 5. By the impugned order, Ld.CIT(A) confirmed addition to the extent of 6% of the Gross Profit after observing as under:- "6.3. I have gone through the assessment order and submissions made in this r....

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....uld not produce these parties for verification. It is noted that primary onus to establish that the purchases were genuine was on the assessee. The assessee is only partly able to discharge the complete onus. It is also noted that A.P. has simply made addition on the basis of statement without much enquiry into the facts of the case. On the other hand assessee has filed copies of bills, bank state....

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....M/2009 Bench 'B' dt. 23.02.20100 (AY 2005- 06)(MUM.) (Trib.) 6. Sanjeev Woolen Mills v. CIT (2005) 279 ITR 434 (SC) 6.5 In view of the above discussion it is seen that the addition made by the A.O on account of alleged bogus purchases cannot be sustained fully in appeal. Having regards to facts of the case it would be fair and reasonable if the addition made is restricted to G.P.....