9911796707
TMI Blog2016 (4) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... backed up with quantitative re-conciliation, were not controverted by the Ld. DR. In view of the detailed findings recorded by the Ld. CIT(A) which remain uncontroverted, unchallenged and un-rebutted before us, and in view of peculiar facts of this case, we have no other option but to uphold the order of Ld CIT(A). - Decided against revenue. - ITA NO.2993/Mum/2013, ITA NO.2994/Mum/2013, ITA NO.3629/Mum/2012 - - - Dated:- 12-2-2016 - Shri Saktijit Dey, Judicial Member, and Shri Ashwani Taneja, Accountant Member For The Revenue : Shri Nitin Waghmode (DR) For The Respondent : None ORDER Per Ashwani Taneja (Accountant Member): These appeals have been filed by the Revenue against the separate orders of Ld. Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee that in any case, sales done by the assessee have been accepted, and in absence of purchases, sales were not possible, and therefore, the AO could not have disallowed the entire purchases. 3.2. The Ld. CIT(A) considered the submissions of the assessee in detail, but he was not satisfied with the first contention of the assessee that whole of the amounts claimed to have been paid by the assessee for making purchases were genuine. 3.3. However, Ld. CIT(A) found merit in the alternative submission of the assessee and held that in absence of purchases, sales were not possible. The relevant findings of the order of the Ld. CIT(A) are reproduced below: 4.4. From the facts and circumstances explained above, it appears that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r analyzing the judgment he concluded as under: In view of the facts and circumstances explained above and respectfully following the decision of the ITAT, Ahmadabad on an identical issue, it would be fair and reasonable if the disallowances of purchases made by the appellant is restricted to 12.5% on the total purchases disallowed by the AO as the quantum of purchases disallowed is quite high in the instant case. Accordingly, the AO is directed to disallow 12.5% of the total purchases out of the total purchases made from M/s. Bhagwati Steels, M/s. Bhavana Steel Traders and M/s. Samruddhi Exim Pvt. Ltd. for the year under consideration. 3.5. Similarly, with regard to purchases made from the other party namely M/s. Shree Karni Tex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disallowed only on the ground that the bills are serially numbered and does not contain the telephone number. Therefore, the action of the AO disallowing the purchases made from M/s. Shree Karni Textiles is not justified and cannot be sustained. The addition made amounting to ₹ 3,81,136/- disallowing the purchases made from M/s. Shree Karni Textiles, is hereby deleted. 3.6. During the course of hearing it was mentioned by the Ld. DR that he did not have any grievance with regard to relief given with respect to purchase made from M/s. Shree Karni Textiles. Thus we confirm action of Ld CIT(A) in deleting this addition. With respect to part relief given by him for other parties, the Bench asked Ld. DR to point out if there was an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
