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On a careful perusal of the order of the Ld.CIT(A) and the reasons given therein, we do not find any infirmity in the order passed by the Ld.CIT(A). None of the findings and observations of the Ld.CIT(A) have been rebutted with evidences by the revenue and thus we do not see any infirmity in the order passed by the Ld.CIT(A) in restricting the disallowance to the extent of 5% of the Net Profit purchases.

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Section 44AF of Income Tax Act, 1961—This appeal is filed by the Revenue against the order of CIT(A) restricting the disallowance to 5% of the purchases of RS.5,06,695/- as against the entire purchases disallowed as non-genuine/bogus by the Assessing Officer.

Held that—On a careful perusal of the order of the Ld.CIT(A) and the reasons given therein, we do not find any infirmity in the order passed by the Ld.CIT(A). None of the findings and observations of the Ld.CIT(A) have been rebutted with evidences by the revenue and thus we do not see any infirmity in the order passed by the Ld.CIT(A) in restricting the disallowance to the extent of 5% of the Net Profit purchases. Grounds raised by the revenue are dismissed.[INCOME TAX OFFICER, WARD -3 (4) , KALYAN VERSUS SHRI VALJI R. MANGE][2019] 20 ITCD Online (4) [ITAT MUMBAI]

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