Acit_3(1)(1), Mumbai vs M/S Bhoir Offshore P. Ltd., Mumbai on 17 November, 2021
6. We heard the rival submissions and perused the
material on record. The sole crux of the disputed issue
as envisaged by the Ld.DR that the CIT(A) has restricted
the addition to the extent of 12.5% of the bogus
purchases considering profit element embedded. We
found that the CIT(A) has dealt on the facts and
considered the Hon'ble High Court decision and took a
view. Further, We find the Jurisdictional Honble High
Court in the case of Pooja Paper Trading Co. Vs. ITO,
(104 taxmann.com 95) and Honble Gujarat High court in
CIT Vs. Simit P Sheth (2013) (356 ITR 451) has upheld
the disallowance @ 12.5% on such purchases.