Bombay High Court
Pr Commissioner Of Income Tax 1 Thane vs Jmd Corporation Of India Limited - Ita ... on 6 November, 2025
Author: M.S. Sonak
Bench: M.S. Sonak
Digitally signed
by MULEY
SHUBHAM
MULEY PRAVINRAO
SHUBHAM Date:
PRAVINRAO 2025.11.12
12:47:49 17-ITXA-425-2025.DOCX
+0530
Shubham
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (IT) NO. 425 OF 2025
Pr Commissioner Of Income Tax 1 Thane ...Appellant
Versus
Jmd Corporation of India Limited -
Ita No. 2241/mum/2023 (a.y. 2011-12) ...Respondent
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Mr. Akhileshwar Sharma a/w Shradha Worlikar for the Appellant.
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CORAM : M.S. Sonak &
Advait M. Sethna, JJ.
DATED : 06 November 2025 P.C.:-
1. Heard Mr. Sharma for the Appellant. He points out that issues raised in this Appeal are similar to the issues raised in Income Tax Appeal No.205 of 2024.
2. Accordingly, we admit this Appeal on the following substantial questions of law:-
A. Whether the Tribunal was justified in restricting the disallowance to 4% of purchases instead of 100% of purchases of Rs.1,73,86,509/- from non-existent vendors by not following the decision of Hon'ble Gujarat High Court in Tax Appeal No. 242 of 2003 dated 20/06/2016 in the Page 1 of 2 ::: Uploaded on - 12/11/2025 ::: Downloaded on - 14/11/2025 21:37:59 ::: 17-ITXA-425-2025.DOCX case of N.K. Proteins Ltd. Vs DCIT wherein it has been held that once the purchases are bogus, additions should be made on the entire purchases and not only the profit embedded in such purchases against which the SLP filed by the assessee was dismissed by the Hon'ble Apex court vide [2017] 292 CTR 354 (SC)?
B. Whether on the facts and circumstances of the case, the Tribunal was justified in accepting the decision of the CIT(A) without any discussion whatsoever in its order, in restricting the addition to the extent of 25% if the alleged bogus purchase, when it had been proved that the assessee had purchased those goods through hawala dealers and therefore the entire bogus purchases were liable to be added back to the total income of the assessee?
3. Mr. Sharma states that he will take steps to serve the Respondents and file an affidavit of service. Tag this Appeal with Income Tax Appeal No.158 of 2019 and connected matters.
(Advait M. Sethna, J) (M. S. Sonak, J.) Page 2 of 2 ::: Uploaded on - 12/11/2025 ::: Downloaded on - 14/11/2025 21:37:59 :::