Allowing the appeal of the assessee the Tribunal held that ; the fact that the supplier admitted to issuing bogus bills does not necessarily mean that he had issued accommodation bills to the assessee. There is subtle but very important difference in issuing bogus bills and issuing accommodation bills to a particular party. The difference becomes very important when a supplier in his affidavit admits supply of goods. As far as sales are concerned there is no doubt about the genuineness of such sales. It is also a fact that suppliers were paying VAT and were filing their returns of income. In response to the notices issued by the AO u/s 133(6) of the Act, the supplier admitted the genuineness of the transaction. Accordingly, the purchases cannot be treated as bogus. Accordingly addition of 12.5% of purchases was deleted .( ITA No. 1045/Mum/2016, dt. 13.04.2018)(AY. 2011-12)
Shantivijay Jewels Ltd. v. DCIT ( Mum)(Trib) , www.itatonline.org
S.69C: Unexplained expenditure -Bogus purchases- Supplier admitted the supply of goods and genuineness of transaction, therefore purchases cannot be treated as bogus purchases addition of Rs 12.5% of the purchases was deleted. [S. 133(6)]