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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO & SHRI RAM LAL NEGI
अऩीराथी की ओय से / Appellant by : Shri Bhupendra Shah प्रत्मथी की ओय से/ Respondent by : Shri Vishwas Mundhe, DR सुनवाई की तायीख / Date of Hearing : 19.04.2017 घोषणा की तायीख /Date of Pronouncement : 26.04.2017 आदेश / O R D E R PER D. KARUNAKARA RAO, AM: There are two appeals under consideration for AYs 2009-2010 and 2010-2011 against two different orders of the CIT (A). The issue raised in both the appeals is common and it relates to „bogus purchases‟ and its taxation.
At the outset, ld AR for the assessee submitted that the AO made entire bogus purchases as addition. It involves three suppliers in the case of AY 2009- 2010 amounting to Rs. 11,76,576/- and Rs. 13,77,869/- for AY 2010-2011. Further, on appeal, FAA confirmed the entire addition in both the AYs. Aggrieved with the said decision of the CIT (A), assessee is in appeal for both the years. Assessee also raised the legal issue relating to the validity of the reassessment proceedings for AY 2009-2010 only.
Deviating from the grounds in both the appeals, Ld AR for the assessee submitted that assessee will be content if a direction is given to the AO setting aside the order of the CIT (A) in both the AYs to restrict the addition to 12.5% of the bogus purchases as being consistently done by the Tribunal.