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TMI Blog2021 (10) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... ee s own case in assessment year 2010-11, the Tribunal [ 2020 (5) TMI 695 - ITAT MUMBAI] has restricted the disallowance to 3% of the alleged non genuine purchases. The factual position relating to the disallowance made in the impugned assessment year is identical. - Thus restrict the disallowance to 3% of the alleged non genuine purchases - Decided partly in favour of assessee. - I.T.A. No.4842/Mum/2019 (Assessment year 2011-12) - - - Dated:- 25-2-2021 - SHRI SAKTIJIT DEY (JUDICIAL MEMBER) Appellant by: Shri Vimal Punmiya, (AR) Respondent by: Ms. Smita Verma, (DR) ORDER This is an appeal by the revenue against order dated 30-04-2019 of learned Commissioner of Income-tax (Appeals)-22, Mumbai for the assessment year 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchases and made an addition of ₹ 4,63,286/-. The addition so made by the Assessing Officer was also sustained by the learned Commissioner (Appeals). 4. The learned Counsel for the assessee submitted, the assessee had purchased the goods from genuine sources and has also made payment through banking channel. Further, he submitted, assessee effects sales only to government agencies and the assessee has established the co-relation between the purchases and the sales. He submitted, the books of account maintained reflecting the purchases and sales have also been produced before the departmental authorities. He submitted, for the year under consideration the assessee has shown gross profit rate of 27%. He submitted, for last so many ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he treated the purchases as non genuine. However, ultimately, he restricted the disallowance to 16% being the gross profit shown by the assessee. From the aforesaid facts, it is very much clear that the Assessing Officer was convinced that not only assessee had purchased the goods, but corresponding sales have been made. I find, while dealing with identical nature of dispute in assessee s own case in assessment year 2010-11, the Tribunal in ITA No.6719/Mum/2018 dated 20-05-2020 has restricted the disallowance to 3% of the alleged non genuine purchases. The factual position relating to the disallowance made in the impugned assessment year is identical. Therefore, respectfully following the decision of the Division Bench, as referred to above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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