9911796707
TMI Blog2021 (2) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the learned Commissioner of Income Tax (Appeals)-34, Mumbai, pertaining to the assessment years 2009-10, 2010-11 and 2011-12. 2. When these appeals were called for hearing, no one was present on behalf of the assessee to represent them. There is no application seeking adjournment either. Considering the nature of dispute, I proceed to dispose off the appeals ex-parte qua the assessee after h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2009-10, Rs. 1,90,704, in Assessment Year 2010-11 and Rs. 3,52,802 in Assessment Year 2011-12 are non-genuine, the Assessing Officer re-opened the assessments under section 147 of the Act. In the course of assessment proceedings, the Assessing Officer called upon the assessee to prove the genuineness of the aforesaid purchases through supporting evidence. Since, the evidences produced by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g through the orders of the Departmental Authorities, it is manifest that there was specific information received from the Sales Tax Department to indicate that certain purchases made by the assessee were non-genuine as concerned selling dealers were identified as hawala operators by the Sales Tax Department. In the course of assessment proceedings, the Assessing Officer had called upon the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estricted to 12.5%. This is solely for the reason that the assessee must have purchased the goods from unverified sources/grey market by not paying VAT and thereby suppressing the true profit. Considering the nature of business of the assessee and the profit rate generally adopted by the Tribunal in such type of cases, I do not find any infirmity in the decision of learned Commissioner (Appeals) i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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