2021 (9) TMI 210

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....hri Sitaram Pareek ORDER PER SAKTIJIT DEY. J.M. The captioned appeals filed by the Revenue arise out of two separate orders passed by the learned Commissioner of Income Tax (Appeals)-38, Mumbai, for the assessment years 2010-11 and 2011-12. 2. The only common dispute in both the appeals relate to partial relief granted by learned Commissioner (Appeals) in the matter of addition made on....

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....proceedings the Assessing Officer called upon the assessee to prove the genuineness of purchases. Though, the assessee furnished some documentary evidences, however, they were not to the satisfaction of the Assessing Officer. Further, as observed by the Assessing Officer, notices issued under section 133(6) of the Act to independently verify the genuineness of purchases also returned back un-serve....

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....als) restricted the disallowance to 12.5% of the alleged non-genuine purchases in both the assessment years under dispute. 5. I have considered rival submissions the material on record. Though, it may be a fact that the assessee was unable to furnish complete evidences to conclusively prove the source of purchases, however, the fact that the assessee had purchased the goods, possibly from unver....