2025 (2) TMI 228

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....he orders of the Learned Income-tax Officer, Ward 19(1)(4), Mumbai (in brevity, 'the AO'), passed under section 143(3) of the Act, 1961, date of orders 04/03/2015. 2. Both the appeals have same nature of facts and a common issue, so the appeal of the revenue in ITA No.4082/Mum/2024, AY 2009-10 is taken as lead case. ITA No.4082/Mum/2024 3. The appeal filed by the revenue is below the monetary limit prescribed for filing the appeal before ITAT by the CBDT, vide its circular No.5/2024 dated 15/03/2024 as mended by circular No. F.No.279/Misc/142/2007-ITJ(PG) dated 15/03/2024. But the Ld.DR stated that the assessee's case falls under the exception provided in paragraph 3.1(h) of the above circular, wherein it is stated that in case involving....

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....ial pronouncements as presented above by the appellant which basically have taken the view of not disallowing the entire purchases even if the same are considered to be bogus by the AO mainly due to the reason that sales have also been declared by the appellant and such assessee's in their relevant books of account, Relevant judgement in this case would be the one rolled by the appellant which is as under reliance is placed on the decision of Hon'ble High Court of Bombay in the case of PCIT Vs. Mohammad Haji Adam & Co. reported in [2019] 103 taxmann.com 459 (Bombay) wherein it is clearly hold that in case where the sales are not disputed then the addition on account of bogus purchases is to be restricted to the difference between the Gr....