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TMI Blog2021 (5) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and circumstances and the series of Hon ble Tribunal decisions in the similar cases and the precedence, where the income estimated @ 12.5% of the bogus purchase transaction were accepted. Accordingly, we restrict the addition to the extent of 12.5% of the bogus purchases and modify the Ld.CIT(A) order sustaining the addition to the extent of 12.5% and partly allow the grounds of appeal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ex parte order ITANo.203 204/Mum/2018 dated 23.05.2019. Considering the Ld.AR submissions, the Hon ble Tribunal has recalled the ITAT order on 29-01-2020 and fixed the case for hearing on 12.02.2020.Since the Bench did not function on said date and the case was adjourned to 05.03.2020. Subsequently due to Covid-19 Pandemic, Bench could not function on 05.04.2020 and 06.07.2020 and the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd commissioning of Gas and Water Systems and Inspection and Maintenance Contracts. The assessee has filed return of income for AY 2009-10 on 26.09.2009 with the total income of ₹ 9,56,900/- and the return of income of income was processed u/s 143 (1) of the Act. Subsequently, the Assessing Officer has received information from Sales Tax Department of Maharashtra that the assessee has obtain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer and the written submissions observe that the assessee could not substantiate the genuineness of purchases and confirmed the action of assessing officer and dismissed the assessee s appeal. Aggrieved by the order of CIT (A), the assessee has filed the appeal that the Tribunal. 6. We have heard the Ld.DR and perused the material on record. The sole disputed issue as envisag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Similarly, in ITA No. 204/Mum/2018, whereas the facts and circumstances are identical to ITA No. 203/Mum/2018 for AY 2009-10, the decision rendered in the para 6 above Would apply mutatis mutandis also for this case. Accordingly, we modify the order of the CIT (A) sustaining addition to the extent @ 12.5% of the bogus purchases value and partly allow the grounds of appeal of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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