Acit-27(3), Mumbai vs Rashmikant V. Shah, Mumbai on 20 January, 2020
"We are of the opinion that the Tribunal committed no error.
Whether the purchases themselves were bogus or whether the
parties from whom such Order Dote: 08.102018 purchases were
allegedly made were bogus is essentially a question of fact. The
Tribunal having examined the evidence on record came to the
conclusion that the assessee did purchase the cloth and sell the
finished goods. In that view of the matter, as natural corollary,
not the entire amount covered under such purchase. but the
profit element embedded therein would be subject to tax. This
was the view of this court in the case of Sanjay Oileake
Industries v. CIT 120093 316 ITR 274 (G4j).