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TMI Blog2017 (6) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... es will serve the end of justice. - ITA No. 7433/Mum/2016 - - - Dated:- 16-5-2017 - Shri R. C. Sharma, AM Assessee by : Shri N. M. Porwal Revenue by : Shri A. K. Kardam ORDER Per R. C. Sharma ( A. M. ) This is an appeal filed by the assessee against the order of CIT(A)-29, Mumbai dated 21/09/2016 for the A.Y.2009-10 in the matter of order passed u/s.143(3) r.w.s.147 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat assessee has made bogus purchases. On such purchases, AO added 12.5%. 5. By the impugned order CIT(A) restricted the addition to 10.11%. From the record we found that during the course of assessment proceedings the assessee furnished / produced following documents and made submission to substantiate genuineness of purchases made from Mls Lahree Impex. Copies of purchases bills issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the purchases and sales made by assessee. The assessee furnished death certificate of Shri Indermal Kasturchandji who is karta of HUF - Prop of Mls Lahree Impex. The assessee shown his inability to produce said party as he expired. The assessee submitted enough evidences which were in his possession which are mentioned hereinabove. By furnishing said evidences primary onus cast ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of assessee s business vis- -vis over all facts and circumstances of the case, addition of 5% of such purchases will serve the end of justice. Accordingly I direct the AO to restrict the addition to the extent of 5% of such purchases. I direct accordingly. 7. In the result, appeal of the assessee is allowed in part. Order pronounced in the open court on this 16/05/2017. - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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