2023 (1) TMI 655

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....Piyush Kumar Singh Yadav ORDER PER R.S. SYAL, VP: This batch of 7 appeals involves three different but connected assessees having assessment years 2009-10 to 2011-12. Since a common is raised in these appeals, I am, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience. 2. These are recalled matters inasmuch as the earlier ex parte order passed by the....

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.... Considering the assessee's gross profit at 4.63%, the AO applied the same on such unproved Hawala purchases (excluding VAT) amounting to Rs.91,81,757/-, which resulted into an addition of Rs.4,25,115/-. The assessee challenged the addition before the ld. CIT(A), who after applying with procedural formalities, enhanced the addition to 10% gross profit rate as against the lower rate applied by the ....

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....- 12, the AO made addition with the gross profit declared by the assessee at 4.83% on unproved Hawala purchases (excluding VAT) amounting to Rs.97,14,495/-, which resulted into an addition of Rs.4,69,210/-. The ld. CIT(A) for these two years as well enhanced the addition to 10% GP rate as against lower rate applied by the AO. 5. The position regarding the third assessee Smt. Lalita Sharad Singhav....

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....e Tribunal. 7. I have heard the rival submissions and perused the relevant material on record. The assail is to the making of addition(s) on the basis of bogus purchase bills received by the assessee(s) as accommodation entries from hawala dealers. It is seen that the issue of bogus purchases has come up for consideration before the Hon'ble Bombay High Court in Pr.CIT Vs. Mohommad Haji Adam & Co.....