PRABHULAL DOSHI,MUMBAI vs. ITO 19(2)(5), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal confirmed the order of the CIT(A) which allowed 6.5% of bogus purchases. Since the Revenue was not in appeal, the assessee could not be deprived of the benefit already granted.
What were the facts?
The assessee is aggrieved by the confirmation of 6.5% of bogus purchases by the CIT(A). The assessee's counsel agreed to the CIT(A)'s order.
What were the issues?
Whether the CIT(A)'s order allowing a partial addition for bogus purchases should be upheld when the assessee accepts it and the Revenue is not in appeal.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI
Before: Shri Shamim Yahya
O R D E R This appeal by the assessee is directed against the order of learned CIT (Appeals) dated 09.02.2017 and pertains to assessment year 2011- 2012.
In this appeal, the assessee is aggrieved by the confirmation of 6.5% out of bogus purchases.
I have heard both the Counsel and perused the records. The learned Counsel of the assessee submitted that he will be agreeing to the order of learned CIT(A). The learned Departmental Representative referred to the decision of Hon’ble Gujarat High Court in the case of N.K.Industry v. DCIT [IT Appeal No.240 of 2003 dated 20.06.2016] wherein the Hon’ble Gujarat High Court had held that 100% out of bogus purchases should be added instead
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026