Rajiv I. Gandhi, Mumbai vs. ITO 25(3)(3), Mumbai
In the result this appeal filed by the assessee stands partly allowed
ITA 7418/MUM/2016[2009-10]Status: DisposedITAT Mumbai24 Sept 2020AY 2009-10
Bench: The Assessing Officer. Sales In This Case Were Not Doubted. The Income Tax Officer In This Case Has Made 100% Addition On Account Of Bogus Purchase Resulting In Disallowance Of Rs. 1,28,65,146/- For A.Y. 2009-10 & Rs. 2,15,12,975/- For A.Y. 2010-11. 3. Upon Assessee’S Appeal Learned Cit(A) Restricted The Same To 12.5%
…nse of the exchequer. 9. We find that it is settled law that decision of Hon'ble Jurisdictional High Court is binding upon all subordinate courts and Tribunals. It was held by Hon'ble Supreme Court in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Ltd. 225 ITR 234 (SC) that not following the order of Hon'ble Jurisdictional High Court, whether cited or not shall render order of ITAT containing a mistake apparent from record. We also find that recall of only ITAT order in assessee’s appeal as sought by the revenue has led to an anomalous situation that disallowance on account of bogus purchase is to be done…