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2023 (5) TMI 278

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..... the disputed purchases - HELD THAT:- In a case involving a similar issue, even this Court RAM BUILDERS, [ 2022 (7) TMI 1091 - BOMBAY HIGH COURT] had dismissed the appeal filed by the revenue on the ground that if the entire amount of purchases were to be held as non-genuine purchases, then it would not be possible to justify as to how the works allotted to the assessee for execution by the semi .....

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..... -5-2023 - DHIRAJ SINGH THAKUR AND KAMAL KHATA, JJ. For the Appellant : Mr. Suresh Kumar, Advocate. For the Respondent : Ms. Neelam C. Jadhav, Advocate. JUDGMENT PER DHIRAJ SINGH THAKUR, J.: Both these appeals have been preferred under Section 260A of the Income Tax Act, 1961 ( the Act ) challenging the order dated 20th January, 2017 passed by the Income Tax Appell .....

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..... ssessment proceedings noticed that the assessee had claimed total purchases of Rs. 88,53,059/- from various entities. Information was also received from the Sales Tax Department in respect of certain bogus parties. The TIN of the said parties matched with those from whom the purchases were alleged to have been made by the Appellant. Notices under Section 133(6) of the Act were issued by the A.O .....

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..... IT(A) accordingly retained the addition to the extent of 12.5% while deleting the rest. 6. An appeal was preferred before the ITAT both by the assessee as also the revenue, which was finally decided by virtue of the order impugned dated 20th January, 2017, which is impugned in the present appeal. The Tribunal upheld the view of the CIT(A) to treat the purchases from ten parties as bogus and als .....

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..... orks of road and buildings repairs for which various types of building materials are stated to have been purchased from several suppliers including the ten suppliers, who are alleged to have been providing accommodation entries. It is not denied that the works allotted had been completed for the concerned agency, which would have been otherwise impossible, if the entire purchases made by the Appel .....

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