9911796707
TMI Blog2021 (2) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the learned Commissioner of Income Tax (Appeals)-33, Mumbai, for the assessment years 2009-10, 2010-11 and 2011-12. However, presently I am concerned with appeal for Assessment Year 2009-10. 2. When the appeal was called for hearing, no one was present on behalf of the respondent assessee to represent the case. There is no application seeking adjournment either. Considering the nature of di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Sales Tax Department, Government of Maharashtra, through DGIT (Inv.), Mumbai, that purchases worth Rs. 22,10,479, claimed to have been made during the year from three parties are non-genuine as the concerned parties were identified as hawala operators, the Assessing Officer re-opened the assessment under section 147 of the Act. During the assessment proceedings, the Assessing Officer called upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ext of the facts and material on record, learned Commissioner (Appeals) restricted the addition to 12.5% of the alleged non-genuine purchases. 6. I have heard the learned Departmental Representative and perused the material on record. It is evident, the doubt regarding the genuineness of the disputed purchases was on the basis of information received from the Sales Tax Department, Government of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee and keeping in view the decision of the Tribunal in similar nature of cases, learned Commissioner (Appeals) decision to restrict the disallowance to 12.5% of the alleged non genuine purchases is fair and reasonable. Therefore, the order of learned Commissioner (Appeals) is upheld by dismissing the grounds raised by the Revenue. 7. In the result, appeal is dismissed. Order pronou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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