THOMAS ETORIN BUTTHELO,THANE vs. ITO WARD-3(4), THANE, THANE

This appeal filed by the assessee on 09.8.2016 is against the order of the CIT (A)-2, Thane dated 27.5.2016 for the assessment year 2010-2011.

In this appeal, assessee raised three grounds and they revolve around the solitary issue relating to the addition on account of bogus purchases involving the information with the Sales Tax Department. In the assessment, AO made addition of Rs. 1,67,490/- involving M/s. Mahavir Trader on account of bogus purchases. Matter travelled to the first appellate authority. 3. During the proceedings before the first appellate authority, after considering the submissions of the assessee, CIT (A) confirmed the entire addition instead of restricting the addition to GP rate of 12.5% as envisaged by the Hon’ble Gujarat High Court in the case of CIT vs. Simit P. Sheth, of 2012, dated 16.1.2013 read with the judgment of the Hon’ble jurisdictional High Court in the case of Nickunj Eximp Enterprises Pvt Ltd vs. ACIT vide Writ petition No. 2860 of 2012, dated 18th June, 2014. Aggrieved, assessee is in appeal before the Tribunal.