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TMI Blog2023 (8) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly, grounds raised in the assessee s appeal are partly allowed. - SHRI G.S. PANNU, PRESIDENT, AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER For the Assessee by : Shri Aditya Ramchandran For the Revenue by : Smt. Mahita Nair ORDER The present appeal has been filed by the assessee challenging the impugned order dated 23/02/2023, passed under section 250 of the Income Tax Act, 1961 ( the Act ) by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [ learned CIT(A) ] for the assessment year 2009 10. 2. In this appeal, the assessee has raised the following grounds: 1. On the facts and circumstances of the case and in law, the CIT(A) erred in confirming the additions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties who are only providing accommodation entries without doing any actual business. On going through the details submitted by the assessee, it was found that the parties with whom the assessee had made purchases are amongst the list of bogus parties. It was observed that the total purchases of Rs. 96,79,247, by the assessee are from the following parties who are engaged in providing accommodation entries:- Sr. No. Name of the Party TIN Amount (Rs.) 1. SAVITA INTERNATIONAL 27460654736V 1162099 2. SHAH INDUSTRIES 27750403201V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee under section 69C of the Act as unexplained expenditure. The learned CIT(A), vide impugned order, dismissed the appeal filed by the assessee. Being aggrieved, the assessee is in appeal before us. 6. We have considered the submissions of both sides and perused the material available on record. We find that the coordinate bench of the Tribunal in assessee s own case in Dharmesh Vinaykumar Shah v/s ITO, in ITA No. 4881/Mum./2015 , for the assessment year 2010-11, vide order dated 21/04/2017, restricted the addition in respect of non-genuine purchases to 2.5% under similar facts and circumstances, by observing as under:- 7. From the record, we also found that AO has relied upon an affidavit dated 18.7.2011 of Pravin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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