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2017 (10) TMI 1309

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..... as categorically noted that the said three vendors not only appeared before the AO during the remand proceedings but also confirmed that they indeed entered into the transaction with the assessee. This finding of CIT(A) is recorded at page 4 of the CIT(A) order dated 23/04/2014. In view of this finding of CIT(A), the observation made by the Tribunal and confirming the addition of 12.5% of bogus pu .....

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..... es, we find that, considering the primary statement given by Shri Dharmichand Jain and the failure on the part of the assessee to produce the said parties for examination to the AO (emphasis added) and also the decision in the case of Nikunj Eximp Enterprises (supra) we find the decision of the CIT(A) on restricting the addition to a portion of the bogus purchases is justified. 3. In view of th .....

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..... d that there is no mistake in the order of the Tribunal. 6. We have carefully gone through the miscellaneous petition and order passed by the Tribunal as well as orders of the lower authorities. We found that Tribunal have confirmed the addition of 12.5% in respect of bogus purchase after observing that there was failure on the part of the assessee to produce such bogus parties for examination .....

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