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TMI Blog2021 (8) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. The assessee fails in its identical first and foremost ground therefore. Quantification of the impugned bogus purchases - As considered the foregoing rival submissions and find no reason to delete the impugned bogus purchases disallowance/addition in entirety in all these three assessment years. This is for the precise reason that going by the circumstances before us, it can be safely inferred that the assessee obtained bogus purchase invoices from M/s.Bhanwarlal Jain group and further sourced its purchases from other suppliers - this tribunal s coordinate bench in ITO Vs. M.Shailesh and Co. [ 2019 (1) TMI 1922 - ITAT MUMBAI] as well as various other similar orders hold that only a percentage of such purchases than the entire amount(s) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and bad in law. 3. The appellant contends that no bogus purchases were made by it and the allegation that it has showed bogus purchases to the extent of ₹ 9,04,500/- is erroneous and is hereby denied. 4. The appellant contends that the disallowance of purchases of ₹ 9,04,500/- from Prime Star treating it as bogus is unsupportable in law and is without any basis. 5. It is contended that the statements stated to have been made by one Bhanwarlal Jain (alias Ratanlal Manakchand Jain) and Shreyansh Labchand Jain do not in any way support the contention of the assessing officer that the appellant made any bogus purchases. 6. The appellant contends that in any event the statements of these two persons cannot be looked int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erein had received information from the department's Investigation Wing, Mumbai that the assessee had sourced its purchases involving varying sums (supra) from M/s.Bhanwarlal Jain group concerns namely M/s.Prime Star in these three assessment years. And that the department had carried out a search and seizure operation in the said group on 03-10-2013 wherein its authorised person(s) had admitted to have been providing bogus sales entries. This made the Assessing Officer to take recourse to Section 148 and 147 mechanism culminating in the impugned bogus purchases disallowances affirmed upto the CIT(A)'s order(s) under challenge. 5. Learned counsel's first and foremost vehement contention seeks to quash the impugned reopening without recordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchases disallowance/addition in entirety in all these three assessment years. This is for the precise reason that going by the circumstances before us, it can be safely inferred that the assessee obtained bogus purchase invoices from M/s.Bhanwarlal Jain group and further sourced its purchases from other suppliers. We next note that this tribunal's coordinate bench in ITA Nos.3451 & 3454/Mum/2017 ITO Vs. M.Shailesh and Co. dt.22-01-2019 (in case of the very search) as well as various other similar orders hold that only a percentage of such purchases than the entire amount(s) thereof has to be disallowed. The fact also remains that such an estimation depends on facts of each and every case than involving any legal interpretation which cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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