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Income Tax Appellate Tribunal, “H” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO & SHRI AMARJIT SINGH
सुनवाई की तायीख / Date of Hearing : 05.01.2017 घोषणा की तायीख /Date of Pronouncement : 18.01.2017 आदेश / O R D E R PER D. KARUNAKARA RAO, AM:
This appeal filed by the assessee on 12.5.2015 is against the order of the CIT (A)-17, Mumbai dated 20.2.2012 for the assessment year 2010-2011.
In this appeal, the only issue raised by the assessee relates to the bogus purchases of Rs. 53.16 lakhs (rounded off) involving the tainted suppliers qua the Sales Tax Department and the addition on account of commission of Rs. 53,166/- being 1% of the said bogus purchases. In the assessment, AO made the addition of entire such purchases u/s 69C of the Act ignoring the judgment of the Hon’ble jurisdictional High Court judgment in the case of CIT vs. Nikunj Eximp Enterprises Pvt Ltd (216 Taxman.com 171) (Bom.) and judgment of the Hon’ble Gujarat High Court in the case of CIT vs. Simit P. Seth (356 ITR 451) (Guj.). On appeal, CIT (A) confirmed the same. Aggrieved with the said order of the AO / CIT (A), assessee is in appeal before us.