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TMI Blog2019 (8) TMI 1329X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO on being confronted with the result of enquiries conducted, during the course of assessment proceedings, which clearly established the fact that the purchases from the above parties are bogus and this fact was further, supported by the report of investigation wing, which is once again based on information received from sales tax department. In the light of above observations of the Tribunal, if we examine the contents of miscellaneous application filed by the assessee, we find that the assessee has failed to make out a case of prima-facie mistake apparent on record from the order of the Tribunal, which could be rectified u/s 254(2) - miscellaneous application filed by the assessee for AY 2009-10, 2010-11 and 2011-12 are dismissed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed to surrender the purchase on the condition that no penalty would be levied. However the offer was rejected by AO and letter was withdrawn by Assessee. Before CIT(A) assessee had filed written submission and all the supporting documentary evidence . However the Id CIT(A) upheld the 100% disallowance , 3. Before Hon. ITAT assessee had filed paper book running in 73 pages enclosing all the supporting evidence . 4. It is submitted that at the time of hearing our Counsel Shri Ravindra Poojary Advocate informed the Hon ble Bench that issue in the present appeal was regarding disallowance of 100% bogus purchase, immediately the Hon ble Judicial Member asked the counsel that what is the percentage you want ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) The Appellate Tribunal in its order at para 7 held as under It is an admitted facts that the assessee failed to file even basic details including purchase bills and payment proof to prove the purchases from the above parties, The above observation is factually wrong, the Assessee vide letter dtd,26/12/2014, submitted the documentary evidences before Assessing Officer i.e copies of purchase bills, corresponding sales bills, delivery Challans, Bank Statements, Summary of sales and purchase month-wise, bank certificate, Item Register quantitative tally. Ledger Accounts, Stock Reconciliation statement, Comparative chart of G. P / N.P ratio etc . Paper book Pg 20-60 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Mohommad Haji Adam dt 11/2/2019 wherein the Hon. Bombay High Court has held that in bogus purchase cases addition should be restricted to GP. The assesses also relies on several other coordinate bench decisions on same issue. 10. In view of the above the present application has been filed by the Assessee. Prayer a) Assessee therefore prays that the Hon'ble 1TAT may recall the order and pass a fresh order. b) Any other appropriate relief as your Honour may decide. 3. We have heard both the parties and considered miscellaneous application filed by the assessee, along with order of the Tribunal, dated 16/01/2019. We find that the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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