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| The Tax Publishers2021 TaxPub(DT) 0034 (Mum-Trib) INCOME TAX ACT, 1961
Section 69C
Where AO could not controvert the findings of CIT(A) with any cogent material or new information in restricting the disallowance @12.5% of bogus purchases relying on the assessee's own case, no infirmity could be held in the order of CIT(A).
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Income from undisclosed sources - Addition under section 69C - Bogus purchases - CIT(A) restricted disallowance @12.5%
AO made 100% addition of bogus purchases and determined total income accordingly on the ground that assessee could not establish the genuineness of the purchases from the non-existent vendors, whereas CIT(A) restricted the disallowance @12.5% of bogus purchases relying on the assessee's own case. Held: CIT(A) had considered the factual aspects and dealt on the provisions of the Sales Tax Act and relied on the decision of Tribunal in assessee's own case and partly allowed the appeal. AO could not controvert the findings of CIT(A) with any cogent material or new information. Thus, no infirmity could be found in the order of CIT(A).
REFERRED :
FAVOUR : Partly in favour of assessee.
A.Y. : 2010-11
IN THE ITAT, MUMBAI BENCH
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