ORDER :

BHARGAV D. KARIA, J.

1. Heard learned advocate Mr.Rudram Trivedi for learned advocate Mrs.Kalpana K. Raval for the appellant.

2. This Tax Appeal is filed under Section 260A of the Income Tax Act, 1961 (for short ‘the Act’) raising following substantial questions of law arising out of the judgment and order dated 28.01.2022 passed by the Income Tax Appellate Tribunal, Surat (for short ‘the Tribunal’) in ITA No.284/SRT/2019 for the Assessment Year 2008-2009:-

“(i) “Whether on the facts and in the circumstances of the case and in law, the Ld. Tribunal was justified in estimating the addition in respect of bogus purchases @6% of such purchases as against disallowance made by the Assessing Officer @100% of such purchases amounting to Rs.3,40,03,788/- ignoring the fact that these purchases are sham transactions fabricated through bogus paper concerns of Pravin Kumar Jain Group companies which were engaged in providing accommodation entries?”

(ii) “Whether on the facts and in the circumstances of the case and in law, the Ld. Tribunal was justified in estimating the addition in respect of bogus purchases @ 6% of such purchases by relying on the decision of Hon’ble Gujarat High Court in