2020 (9) TMI 1287

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..... at the expenses of exchequer - thus 12.5 % disallowance out of the bogus purchases done by the learned CIT(A) meets the end of justice. Accordingly uphold the order of learned CIT(A). Decided against revenue. - I.T.A. No. 3197/Mum/2019 - - - Dated:- 16-9-2020 - Shri Shamim Yahya (AM) For the Assessee : None For the Department : Shri Akhtar H. Ansari ORDER This is an appe .....

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..... . I have heard Learned Departmental Representative and perused the record. I find that in this case the sales have not been doubted it is settled law that when sales are not doubted, hundred percent disallowance for bogus purchase cannot be done. The rationale being no sates is possible without actual purchases. This proposition is supported from honourable jurisdictional High Court decision in th .....

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..... of SLP by the Hon'ble supreme court and has already been explained and distinguished by Hon'ble Bombay high court in the case of M. Hazi Adam Co. (ITA no. 1004 of 2006 dated 11.2.2019). 6. In the result this appeal filed by the revenue stands dismissed. 7. Before parting I may add that if the assessee has filed a cross appeal or cross objection and the same has remained unheard, ei .....

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