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TMI Blog2023 (7) TMI 748X X X X Extracts X X X X X X X X Extracts X X X X ..... y, SR DR ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-27, New Delhi dated 25.09.2018 pertaining to A.Y. 2010-11. 2. The grievance of the assessee read as under : 1. That on the facts and circumstances of the case and in law, the order passed by CIT (A)-27, New Delhi (hereinafter referred to as CIT (A)), is bad in law. 2. That on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot justified in sustaining the addition made by AO on account of alleged bogus purchase from M/s Kothari Impex and M/s Khushi Gems Pvt Ltd . 5. That on the facts and circumstances of the case and in law, the CIT (A) was not justified and has erred in sustaining addition of Rs 2,78,435/- on the presumption that commission of 2% was paid for arranging accommodation entries aggregating to Rs. 1,39, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carried out by Khushi Gem and Kothari Impex but these concerns were indulged in paper transactions only giving accommodation entries by issuing sale bills without affecting any sales. 5. The AO completed the assessment by treating the purchases made from Kothari Impex and Khushi Gem Pvt. Ltd. as bogus purchases and made addition of Rs. 13921785/-. 6. Proceeding further the AO was of the firm be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case also purchases were made which have been treated as bogus purchases and the coordinate Bench has made the addition only of gross profit. 10. Per contra the DR strongly supported the findings of the AO but could not bring any distinguishing decision in favour of the revenue. 11. We have given a thoughtful consideration to the orders of the authorities below. The undisputed fact is that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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