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2018 (12) TMI 1199

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..... 2018 - - - Dated:- 14-11-2018 - Shri Saktijit Dey, Judicial Member For the Appellant : Shri Himanshu Gandhi For the Respondent : Shri S.K. Bepari ORDER PER SAKTIJIT DEY, JM The aforesaid appeals by the same assessee are directed against a common order dated 07.11.2017 passed by the learned Commissioner of Income Tax (Appeals)-33, Mumbai for assessment years 2009-10 20 .....

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..... ubsequently, on the basis of information received from DGIT (Inv.), Mumbai as well as the Sales Tax Department, Government of Maharashtra that purchases made by the assessee from certain parities are not genuine, the Assessing Officer (AO) reopened the assessments under section 147 of the Income Tax Act, 1961 (hereinafter the Act ). During assessment proceedings, apart from calling upon the as .....

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..... stated that they have not sold any goods to the assessee, the AO made addition of the entire purchases claimed to have been made from those parties. In so far as A.Y. 2010-11 is concerned, the AO made addition by estimating the profit @12.5% of the non-genuine purchases. Being aggrieved by the additions made, the assessee preferred appeals before the learned CIT(A). The learned CIT(A), after consi .....

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..... ceedings the assessee could not prove the genuineness of purchases made from the declared source, the AO treated the purchases as non-genuine. While in A.Y. 2009-10 the AO has added the entire nongenuine purchases of ₹ 5,43,950/-, in A.Y. 2010-11 he has restricted the addition to 12.5% of the non-genuine purchases. While deciding the appeals filed by the assessee, the learned CIT(A) has conf .....

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