CIT v. Simit P. Sheth

ITO 29 (2)(4), Mumbai vs. Navin Jaidhand Doshi, Mumbai

In the result, appeal filed by the revenue is dismissed

Bench: Shri Mahavir Singh & Shri G. Manjunathaito-29(2)(4) Vs. Shri. Navin Jaichand Doshi Building No. C-10 D-705, Kalp Nagri 2Nd Floor, Room No.205, Balrajeshwar Road Pratyakshakar Bhawan Mulund West Bkc , Bandra(East) Mumbai-400 080 Mumbai-400 051 Pan/Gir No.Addpd0288P (Appellant) .. Respondent)

…made on the basis of information received from third party. The 3 Navin Jaichand Doshi Ld.CIT(A), after considering relevant submission of the assessee and also, by following the decision of Hon’ble Gujarat High Court, in the case of CIT vs. Simith P. Sheth (356 ITR 451) scaled down addition made by the AO towards alleged bogus purchases to 12.5% gross profit on total purchases from those parties. The relevant findings of the Ld.CIT(A) are as under:- “Since the facts of the assessee’s case are similar respectfully following the decisions, the AO is directed to tax 12.5% of such purchases toward* element of prof…

ITO, Ward- 17 (1)(3), Mumbai vs. Boon Petrochem House, Mumbai

In the result, appeal filed by the revenue is dismissed

Bench: Shri Mahavir Singh & Shri G. Manjunathaito-17(1)(3) Vs. Boon Petrochem House Room No.135, 1St Floor, 53/55, Bhandari Street Aaykar Bhawan Masjid Bunder M.K.Road Mumbai-400 003 Mumbai-400 020 Pan/Gir No.Aaafb7130J (Appellant) .. Respondent)

…, no additions could be made on the basis of information received from third party. The Ld.CIT(A), after considering relevant submission of the assessee and also, by following the decision of Hon’ble Gujarat High Court, in the case of CIT vs. Simith P. Sheth (356 ITR 451) scaled down addition made by the AO towards alleged bogus purchases to 8% gross profit on total purchases from those parties. The relevant findings of the Ld.CIT(A) are as under:- 7. Ground Nos.l, 2 & 3 relates to re-opening of the order and the addition made to the total income on account of bogus purchases made by the appellant. As they are i…

ITO 26(3)(2), Mumbai vs. Shri. Shehbaz Abdulla Chawdhari, Mumbai

In the result, both the appeals of the revenue are dismissed

Bench: Shri R.C.Sharma

…of alleged bogus purchase came up for adjudication that the profit element embedded in the alleged bogus purchases has to be computed considering the nature of business activity. The Hon'ble Gujarat High Court in the case of CIT vs. Simit P. Sheth reported in 356 ITR 451 has held that there is no uniform yardstick to measure the quantum of profit element embedded in the alleged bogus purchase and will vary from case to case. The Hon'ble Gujarat High Court in the case of CIT vs. Bholanth Poly Fab Pvt. Ltd., sustained the order of Ld.CIT (A)'s action of restricting the addition to 12.5% as against 25% made by the A…

ITO 26(3)(2), Mumbai vs. Shri.Shehbaz Abdulla Chawdhari, Mumbai

In the result, both the appeals of the revenue are dismissed

Bench: Shri R.C.Sharma

…of alleged bogus purchase came up for adjudication that the profit element embedded in the alleged bogus purchases has to be computed considering the nature of business activity. The Hon'ble Gujarat High Court in the case of CIT vs. Simit P. Sheth reported in 356 ITR 451 has held that there is no uniform yardstick to measure the quantum of profit element embedded in the alleged bogus purchase and will vary from case to case. The Hon'ble Gujarat High Court in the case of CIT vs. Bholanth Poly Fab Pvt. Ltd., sustained the order of Ld.CIT (A)'s action of restricting the addition to 12.5% as against 25% made by the A…

Yogesh Amrutlal Doshi, Thane vs. ITO 2 (4), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be partly allowed

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकरअपीलसं/I.T.A. No6651/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) बिधम/ Yogeshamrutlaldoshi Ito-2(4) R. No.22, B Wing, 6Th Floor, Bldg. No.B-3, Flat No. 201, Vs. Poonam Nagar, Phase-Iii, Rd. No.16Z, Ashar It Park Opp. Shanti Nagar, Mira Thane(W), 400604. Road (E), Thane-421104. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. :Agspd2681C (प्रत्यथी / Respondent) (अपीलाथी /Appellant) .. Assessee By: Shrinimeshchothani Revenue By: Shri V. Vinod Kumar (Sr. Ar)

…t case, the appellant has miserably failed to lead evidence.” 7. On appraisal of the above said finding, we noticed that the CIT(A) has decided the matter of controversy on the basis of the decision of Gujarat High Court in the case of CIT Vs. Simit P. Sheth (356 ITR 451) (Guj). Profit embedded to the bogus purchase has been considered and accordingly CIT(A) has decided the matter of controversy. The CIT(A) has considered the copies of the invoices furnished by the appellant and also considered the VAT leviable upon the goods which was @ 4% and accordingly, the profit ratio was considered @ 2.5% of the profit mar…

DCIT 12 (2)(2), Mumbai vs. Growel Projects Ltd., Mumbai

In the result, appeal of the revenue is dismissed

Bench: Shri Pawan Singh & Shri S. Rifaur Rehmandcit 12(2)(2) M/S Growel Projects Limited Room No. 262/245, 1St Floor, Cts No. 151, Growel House, Aayakar Bhavan, Churchgate, Vs. Akurli Road, Kandivali East, Mumbai-400029. Mumbai. Pan: Aaccg2638M Appellant Respondent

…On appeal before the ld. CIT(A), the addition was restricted to 12.5% of the said bogus purchases. The ld. CIT(A) restricted the disallowance of alleged bogus purchases by relying upon the decision of Hon’ble Gujarat High Court in case of Simith P. Seth (356 ITR 451). Thus, further aggrieved, the revenue has filed the present appeal before us. 3. We have heard the submission of ld. Departmental Representative (DR) for the revenue and ld. Authorized Representative (AR) of the assessee and perused the material available on record. The ld. DR for the revenue supported the order of Assessing Officer. The ld. DR…

Income Tax Officer 19(2)(5), Mumbai vs. Puraram G. Modi, Mumbai

In the result, appeal of the revenue is dismissed

Bench: Shri Saktijit Dey & Shir S Rifaur Rahmanआयकर अपील सं./I.T.A. No.6939/Mum/2018 ("नधा"रण वष" / Assessment Years : 2009-10

…ases from non- existing suppliers, however sales were not doubted. Therefore A.O disallowed 25% of the bogus purchases, where as Ld. CIT(A) has restricted to 12.5% by relying on the decision of Hon’ble Gujarat High Court in the case of CIT Vs. Simit P. Sneth, 356 ITR 451 (supra), the Hon’ble Gujarat High Court estimated the profit embedded in the purchases and it is restricted to 12.5% and that meets the end of justice. Therefore, we are inclined to accept the findings of the Ld. CIT(A). Accordingly, the grounds raised by the revenue are dismissed. ITA No.6939/Mum/2018. Shri Puraram G. Modi., Mumbai. 7. In the…

DCIT - 13(2)(1), Mumbai vs. Satyanis the Jewellery Store Pvt. Ltd., Mumbai

Bench: Shri Manoj Kumar Aggarwal & Shri Ravish Soodthe Dcit-13(2)(1) M/S Satyanis The Jewellery Store Pvt. Ltd. Room No. 146, 1St Floor, Plot No. 190, Savana Court, Turner Road, Aayakar Bhavan, M.K. Road, Vs. Bandra (W), Mumbai – 400 020 Mumbai - 400050

…mentioned parties and had not made any genuine purchases from them. Accordingly, the A.O relying on the judgments of the Hon’ble High Court of Gujarat in the case of CIT Vs. Bholanath Polyfab (P) Ltd. (2013) 355 ITR 290 (Guj) and CIT Vs. Simit P. Sheth (2013) 356 ITR 451 (Guj), therein made an addition of 12.5% of the aggregate value of the impugned purchases. As such, the A.O being of the view that the assessee had not made any genuine purchases from the aforementioned three parties, therein made an addition of Rs.96,23,191/- (12.5% of Rs.7,69,85,528/-) in the hands of the assessee company. ITA No. 3611/Mum/201…

ACIT 4 (2)(2), Mumbai vs. Kaishar Interiors Pvt. Ltd., Mumbai

In the result, appeal filed by the revenue for assessment year 2011-2012

Bench: Shri G. Manjunatha (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2011-12 The Acit, M/S Kiashar Interiors Pvt. Ltd., Cir- 4(2)(2), Pandya House, 10, Room No. 640, 6Th Floor, Navjeevan Wadi, Dhobi Talao, Aayakar Bhavan, M.K. Road, Vs. Mumbai - 400003 Mumbai - 400020 Pan: Aaack1477A (Appellant) (Respondent) Revenue By : Shri Sachchidanand Dube (Dr) Assessee By : Ms. Vasanti B. Patel (Ar) Date Of Hearing: 09/01/2020 Date Of Pronouncement: 09/01/2020

…ng goods from the grey market and to cover such purchases, the invoices are procured from alleged bogus parties. In such types of cases, the addition on account of GP has been sustained in several judicial pronouncements, such as CIT vs. Simit P. Sheth (2013) 356 ITR 451 (Guj. HC) and other judicial pronouncements as also relied upon by the appellant in written submissions. The AO has disallowed the full amount of alleged bogus purchases, which needs to be restricted to 12.5% which in my opinion is far in given circumstances to take care of any leakage of revenue.” 7. The Ld CIT(A) has restricted the addition to…

Deputy Commissioner of Income Tax 8(2)(1), Mumbai vs. M/S.Singh Hindustan Marine Private Limited, Mumbai

The appeal stands dismissed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Ravish Sood, Jm

…iven addresses. The assessee failed to produce any of the suppliers despite being specifically directed to do so. Consequently, Ld. AO, relying upon the decisions of Hon’ble Gujarat in CIT V/s Bholanath Poly Fab Pvt Ltd. 355 ITR 290 and CIT V/s Simit P. Sheth 356 ITR 451 estimated the additions @25% of these purchases which resulted into an addition of Rs.6.69 lacs in the hands of the assessee. 4. The learned CIT(A), after considering assessee’s submissions including net profit rate reflected during the year, scaled down the estimation to 12.5%. Aggrieved, the revenue is under further appeal before us. It appears…

Swati Sunil Vorani, Mumbai vs. ITO 20 (3)(4), Mumbai

The appeal stands dismissed

Bench: Shri Manoj Kumar Aggarwal, Am & Smt. Madhumita Roy, Jm

…ee also failed to provide the latest addresses of the suppliers. Finally, not satisfied with assessee’s submissions / explanations, the stated purchases were treated as bogus purchases. Relying upon the decision of Hon’ble Gujarat High Court in Simit P.Sheth (356 ITR 451), Ld. AO estimated the additions @12.5% against these purchases which resulted into an addition of Rs.14.95 Lacs in the hands of the assessee. 4. The learned CIT(A), after considering assessee’s submissions including GP / NP rates reflected in various years, scaled down the estimation to 5%. The said adjudication has given rise to cross-appeals b…

ITO 20 (3)(4), Mumbai vs. Swati Sunil Vorani, Mumbai

The appeal stands dismissed

Bench: Shri Manoj Kumar Aggarwal, Am & Smt. Madhumita Roy, Jm

…ee also failed to provide the latest addresses of the suppliers. Finally, not satisfied with assessee’s submissions / explanations, the stated purchases were treated as bogus purchases. Relying upon the decision of Hon’ble Gujarat High Court in Simit P.Sheth (356 ITR 451), Ld. AO estimated the additions @12.5% against these purchases which resulted into an addition of Rs.14.95 Lacs in the hands of the assessee. 4. The learned CIT(A), after considering assessee’s submissions including GP / NP rates reflected in various years, scaled down the estimation to 5%. The said adjudication has given rise to cross-appeals b…

Asst CIT 25(3), Mumbai vs. P.B. Construction Compnay, Mumbai

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Deyand Shris. Rifaur Rahman

…essee. Being aggrieved, the assessee challenged the aforesaid addition before the first appellate authority. 5. After considering the submissions of the assessee and relying upon the decision of the Hon’ble Gujarat High Court in CIT v/s Simit P. Sheth, [2013] 356 ITR 451 (Guj.), learned Commissioner (Appeals) restricted the addition to 12.5% of the non–genuine purchases. 6. We have considered the submissions of learned Departmental Representative and perused the material on record. No doubt, from the materials on record, it is evident that the assessee could not furnish sufficient documentary evidence to conclus…

Shri Mukeshkumar Bhandari, Mumbai vs. Income Tax Officer 19(2)(3), Mumbai

In the result, the ground no

Bench: Shri Shamim Yahya & Shri Pawan Singhshri Mukeshkumar Bhandari Ito - 19(2)(3) 40/27, Ground Floor, Shree Niwas Matru Mandir, Nana Chowk, Bldg, 2Nd Carpenter Street, Vs. Mumbai-400007. C.P. Tank, Mumbai-400004. Pan: Agqpb2876F Appellant Respondent

…ed in such transactions and restricted the disallowance to the extent of 12.5% of the alleged non-genuine purchases. The ld. CIT(A) confirmed the action of Assessing Officer by following the decision of Hon’ble Gujarat High Court in CIT vs. Simith P. Seth [356 ITR 451 (Guj.)]. 9. We have noted that the assessee is engaged in the business of dealing in ferrous and non-ferrous metals. The lower authority has not examined 7 ITA No. 5326 Mum 2018-Shri Mukeshkumar Bhandari. the Gross Profit (GP) or profitability already declared by the assessee on such non-genuine and other genuine purchases. Therefore, consider…

Salman Razzak Chhapra, Mumbai vs. ITO 25(1)(1), Mumbai

In the result, both the appeals of the Revenue and assessee, (in ITA Nos

Bench: Sri Mahavir Singhआयकर अपील सुं./ Ita Nos. 6942 & 6943/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2011-12) The Income Tax Officer Salman R. Chhapra Room No. 401, C-10, 101, 1St Floor, Ayesha Tower बनाम/ Pratykshkar Bhavan, Bkc, Sv Road, Andheri (W), Vs. Bandra (E), Mumbai-400051 Mumbai-400 102 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Ahjpc1214E आयकर अपील सुं./ Ita Nos. 7514 & 7515/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2011-12) Salman R. Chhapra The Income Tax Officer 101, 1St Floor, Ayesha Tower Room No.401, C-10, बनाम/ Sv Road, Andheri (W), Pratykshkar Bhavan, Bkc, Vs. Mumbai-400 102 Bandra (E), Mumbai-400051 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर े / Appellant By : Shri Akhtar H. Ansari, Dr प्रत्यर्थी की ओर े / Respondent By : Shri Jitendra Singh, Ar ुिवाई की तारीख / Date Of Hearing: 19.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 19.12.2019

…ssee submitted the ledger accounts of the above parties and bank statements extracts evidencing the payments through bank cheque. I noted that facts of this case are similar to the case of Hon'ble High Court of Gujarat in the case of Simit P Seth V CIT (2013) 356 ITR 451(Guj) wherein it had on occasion to deliver its judgment by confirming the decision of the ITAT which has estimated the disallowance at 12.5% of the disputed bogus purchases to meet the end of Justice. Even now before me also revenue could not dislodge the factual aspects noted by CIT(A). I find that the CIT(A) has rightly applied the profit rate…

ITO - 19 (2)(3), Mumbai vs. Mehta Construction, Mumbai

In the result, the appeals of the Revenue are dismissed

Bench: Sri Mahavir Singhआयकर अपील सुं./ Ita No. 6993/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2011-12) The Income Tax Officer, Mahavir Pukhraj Chhajed Ward 19(2)(3), Room 44, Bhagirathi Bhuvan, 1 St बनाम/ No.218, 2Nd Floor, Matru Panjarapole Lane, Mandir, Tardeo, Mumbai-400 004 Vs. Mumbai-400 007 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Afhpc4937L आयकर अपील सुं./ Ita No. 6994/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2011-12) The Income Tax Officer, Mahavir Pukhraj Chhajed Ward 19(2)(3), Room Room No.7, 1St Floor, Bhanji बनाम/ No.218, 2Nd Floor, Matru Building, 4Th Kumbharwada Mandir, Tardeo, Lane, Mumbai-400 004 Vs. Mumbai-400 007 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaafm1681R अपीलार्थी की ओर े / Appellant By : Shri Akhtar H. Ansari, Dr प्रत्यर्थी की ओर े / Respondent By : None ुिवाई की तारीख / Date Of Hearing: 19.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 19.12.2019

…ssee submitted the ledger accounts of the above parties and bank statements extracts evidencing the payments through bank cheque. I noted that facts of this case are similar to the case of Hon'ble High Court of Gujarat in the case of Simit P Seth V CIT (2013) 356 ITR 451(Guj) wherein it had on occasion to deliver its judgment by confirming the decision of the ITAT which has estimated the disallowance at 12.5% of the disputed bogus purchases to meet the end of Justice. Even now before me also revenue could not dislodge the factual aspects noted by CIT(A). I find that the CIT(A) has rightly applied the profit rate…

ITO - 19 (2)(3), Mumbai vs. Mehta Construction, Mumbai

In the result, the appeals of the Revenue are dismissed

Bench: Sri Mahavir Singhआयकर अपील सुं./ Ita No. 6993/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2011-12) The Income Tax Officer, Mahavir Pukhraj Chhajed Ward 19(2)(3), Room 44, Bhagirathi Bhuvan, 1 St बनाम/ No.218, 2Nd Floor, Matru Panjarapole Lane, Mandir, Tardeo, Mumbai-400 004 Vs. Mumbai-400 007 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Afhpc4937L आयकर अपील सुं./ Ita No. 6994/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2011-12) The Income Tax Officer, Mahavir Pukhraj Chhajed Ward 19(2)(3), Room Room No.7, 1St Floor, Bhanji बनाम/ No.218, 2Nd Floor, Matru Building, 4Th Kumbharwada Mandir, Tardeo, Lane, Mumbai-400 004 Vs. Mumbai-400 007 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaafm1681R अपीलार्थी की ओर े / Appellant By : Shri Akhtar H. Ansari, Dr प्रत्यर्थी की ओर े / Respondent By : None ुिवाई की तारीख / Date Of Hearing: 19.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 19.12.2019

…ssee submitted the ledger accounts of the above parties and bank statements extracts evidencing the payments through bank cheque. I noted that facts of this case are similar to the case of Hon'ble High Court of Gujarat in the case of Simit P Seth V CIT (2013) 356 ITR 451(Guj) wherein it had on occasion to deliver its judgment by confirming the decision of the ITAT which has estimated the disallowance at 12.5% of the disputed bogus purchases to meet the end of Justice. Even now before me also revenue could not dislodge the factual aspects noted by CIT(A). I find that the CIT(A) has rightly applied the profit rate…

ITO 21 (1)(3), Mumbai vs. Chintamani'S Nx, Mumbai

In the result, the appeal of the Revenue is dismissed

Bench: Sri Mahavir Singhआयकर अपील सुं./ Ita No. 6992/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2009-10) The Income Tax Officer Chintamani’S Nx Ward 21(1)(3) 106, First Floor, Piramal बनाम/ 2&3 Radhe Gopal Ind. Estate, Chambers, Parel, Mumbai-12 Senapati Bapat Marg, Vs. Dadar(W), Mumbai-400 028 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aadfc1379B अपीलार्थी की ओर े / Appellant By : Shri Akhtar H. Ansari, Dr प्रत्यर्थी की ओर े / Respondent By : Shri Ramesh K. Chheda, Ar ुिवाई की तारीख / Date Of Hearing: 19.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 19.12.2019 आदेश / O R D E R

…ssee submitted the ledger accounts of the above parties and bank statements extracts evidencing the payments through bank cheque. I noted that facts of this case are similar to the case of Hon'ble High Court of Gujarat in the case of Simit P Seth V CIT (2013) 356 ITR 451(Guj) wherein it had on occasion to deliver its judgment by confirming the decision of the ITAT which has estimated the disallowance at 12.5% of the disputed bogus purchases to meet the end of Justice. Even now before me also revenue could not dislodge the factual aspects noted by CIT(A). I find that the CIT(A) has rightly applied the profit rate…

ITO 17 (2)(5), Mumbai vs. Palam Stove Industries, Mumbai

In the result, the appeal of the Revenue is dismissed

Bench: Sri Mahavir Singhआयकर अपील सुं./ Ita No. 6990/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2009-10) आयकर अपील सुं./ Ita No. 6989/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2010-11) The Income Officer Palam Stove Industries Ward 17(2)(5) 2Nd Floor, Shirin Mansion 14, बनाम/ Room No. 123A, 1St Floor, Kolsa Cross Lane, Phydhonie, Aayakar Bhawan, Mumbai-400 003 Vs. Churchgate, Mumbai-400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaafp1331M अपीलार्थी की ओर े / Appellant By : Shri Akhtar H. Ansari, Dr प्रत्यर्थी की ओर े / Respondent By : None ुिवाई की तारीख / Date Of Hearing: 19.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 19.12.2019 आदेश / O R D E R महावीर ससुंह, न्याययक सदस्य/ Per Mahavir Singh, Jm: These Appeals Of The Revenue Are Arising Out Of The Orders Of Commissioner Of Income Tax (Appeals)]-58, Mumbai [In Short Cit(A)], In Appeal Nos. Cit(A)-58, Mumbai/10328 & 10327/2017-18 Even Dated 28-09-2018. The Assessments Were 2 | P A G E

…ssee submitted the ledger accounts of the above parties and bank statements extracts evidencing the payments through bank cheque. I noted that facts of this case are similar to the case of Hon'ble High Court of Gujarat in the case of Simit P Seth V CIT (2013) 356 ITR 451(Guj) wherein it had on occasion to deliver its judgment by confirming the decision of the ITAT which has estimated the disallowance at 12.5% of the disputed bogus purchases to meet the end of Justice. Even now before me also revenue could not dislodge the factual aspects noted by CIT(A). Going by the nature of the trade, I find that the CIT(A) ha…

ITO 17 (2)(5), Mumbai vs. Palam Stove Industries, Mumbai

In the result, the appeal of the Revenue is dismissed

Bench: Sri Mahavir Singhआयकर अपील सुं./ Ita No. 6990/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2009-10) आयकर अपील सुं./ Ita No. 6989/Mum/2018 (यिर्ाारण वर्ा / Assessment Year 2010-11) The Income Officer Palam Stove Industries Ward 17(2)(5) 2Nd Floor, Shirin Mansion 14, बनाम/ Room No. 123A, 1St Floor, Kolsa Cross Lane, Phydhonie, Aayakar Bhawan, Mumbai-400 003 Vs. Churchgate, Mumbai-400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaafp1331M अपीलार्थी की ओर े / Appellant By : Shri Akhtar H. Ansari, Dr प्रत्यर्थी की ओर े / Respondent By : None ुिवाई की तारीख / Date Of Hearing: 19.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 19.12.2019 आदेश / O R D E R महावीर ससुंह, न्याययक सदस्य/ Per Mahavir Singh, Jm: These Appeals Of The Revenue Are Arising Out Of The Orders Of Commissioner Of Income Tax (Appeals)]-58, Mumbai [In Short Cit(A)], In Appeal Nos. Cit(A)-58, Mumbai/10328 & 10327/2017-18 Even Dated 28-09-2018. The Assessments Were 2 | P A G E

…ssee submitted the ledger accounts of the above parties and bank statements extracts evidencing the payments through bank cheque. I noted that facts of this case are similar to the case of Hon'ble High Court of Gujarat in the case of Simit P Seth V CIT (2013) 356 ITR 451(Guj) wherein it had on occasion to deliver its judgment by confirming the decision of the ITAT which has estimated the disallowance at 12.5% of the disputed bogus purchases to meet the end of Justice. Even now before me also revenue could not dislodge the factual aspects noted by CIT(A). Going by the nature of the trade, I find that the CIT(A) ha…