2021 (7) TMI 484

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....by: None Respondent by: Smt. Smita Verma (DR) ORDER Per Saktijit Dey (JM): Captioned appeals by the same assessee arise out of three separate orders of learned Commissioner of Income-tax (Appeals)-3, Mumbai for the assessment years 2009-10, 2010-11 & 2011-12. 2. The only dispute in all these appeals relates to disallowance made on account of alleged non genuine purchases. 3. Brie....

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....Act. In course of assessment proceedings, the assessing officer, on the basis of information received, found the following purchases in different assessment years as non genuine:- A.Y. 2009-10 Rs. 54,20,454/- A.Y. 2010-11 Rs. 35,04,220/- A.Y. 2011-12 Rs. 7,56,352/- 4. Therefore, he called upon the assessee to prove the genuineness of such purchases with supporting evidences. T....

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....e assessee in the context of facts and materials on record, learned Commissioner of Income-tax (Appeals) restricted the disallowance to 12.5% of alleged non genuine purchases in assessment year 2009-10. Whereas, in assessment years 2010-11 and 2011-12, since the disallowance made by the assessing officer was less than the profit element estimated at 12.5%, he confirmed the additions made by the as....

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....m the declared sources. This factual position remained unaltered before learned Commissioner of Income-tax (Appeals) as well as before us. That being the case, assessee's claim that the purchases are genuine, cannot be accepted. 7. Now coming to the conclusion of learned Commissioner of Income-tax (Appeals) on the disputed issue, we find that learned Commissioner of Income-tax (Appeals) has est....