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TMI Blog2024 (6) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... AO and further the assessee failed to produce the owner of M/s Rishabh Enterprises the learned assessing officer made the addition to the extent of hundred percent of such bogus purchases. CIT-A upon the decision of M/s Vijay Proteins Limited [ 2015 (1) TMI 828 - GUJARAT HIGH COURT] retained the addition only to the extent of 25% of bogus purchases. We find that in the case of NK proteins [ 2016 (6) TMI 1139 - GUJARAT HIGH COURT] followed the decision of M/s Vijay Proteins Ltd and further in both the cases the addition was restricted to the extent of 25% of the bogus purchases only. Therefore, the grounds of appeal preferred by AO are misplaced - no infirmity in the order of the CIT A in restricting the addition of bogus purchases to the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 202,640/ . The information was received by the AO from the GI (investigation), Pune on 6/2/2013 that the sales tax department Mumbai has on our racket involving more than 1935 hawala dealers involved in issuing bogus invoices to more than 37,000 beneficiaries. Accordingly, the assessee was found to be beneficiary with respect to the purchases of 7,77,174/ with respect to 5 such hawala dealers and therefore the notice under section 148 of the act was issued to the assessee. The assessee reiterated his return of income. Notice under section 143 (2) of the act was also issued to the assessee. The assessee was questioned on that which it was replied by the assessee stating that assessee has produced books of accounts, bank book, cashbook, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A should not have reduced the disallowance of bogus purchases from hundred percent to 25% in view of the decision of the honourable Supreme Court in case of NK proteins Ltd. He referred to the facts of that case and stated that the issue is squarely covered against the assessee and therefore the order of the learned CIT A is not sustainable. 6. Despite notice none appeared on behalf of the assessee and therefore the issue is decided in the absence of the assessee on the facts available on record on its merit. 7. We have carefully considered the rival contention and perused the orders of the lower authorities. We find that the learned assessing officer has made the hon (Hundred) percent of the bogus purchases as addition to the income of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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