CIT v. Nikunj Exim Enterprises Pvt. Ltd.

372 ITR 619High Court2015#189 most cited

What is CIT v. Nikunj Exim Enterprises Pvt. Ltd. authority for?

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

391

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v Nikunj Exim Enterprises Pvt Ltd · 372 ITR 619 · bogus purchases · genuineness of transaction · accommodation entry · section 143(3) · section 133(6) · loose papers · section 145(3) · incriminating material · failure to produce parties

Issues it is cited on

Judgments citing CIT v. Nikunj Exim Enterprises Pvt. Ltd.

Manju Sharma, New Delhi vs. ITO Ward - 45(5), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 8275/DEL/2019[2014-15]Status: DisposedITAT Delhi23 Nov 2020AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Manju Sharma, Vs Ito, Wz-43B, Meenakshi Garden, Ward-45(5), New Delhi. New Delhi. Pan: Aatps2170A (Appellant) (Respondent) Assessee By : Shri Krishnan Sampath, Advocate Revenue By : Ms Rinku Singh, Sr. Dr Date Of Hearing : 03.11.2020 Date Of Pronouncement : 23.11.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.09.2019 Passed By The Ld. Cit(A)-15, New Delhi, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Is Proprietor Of M/S Eastern Galaxy Which Is Engaged In The Business Of Export Of Handicrafts & Decorative Items. She Filed Her Return Of Income On 29.11.2014 Declaring Taxable Income Of Rs.47,10,000/-. The Case Of The Assessee Was Selected For Limited Scrutiny Under Cass With The Reason That There Is “Large Increase In Sundry Creditors With Respect To Turnover As Compared To Preceding Year.”

For Appellant: Shri Krishnan Sampath, AdvocateFor Respondent: Ms Rinku Singh, Sr. DR
Section 131Section 142(1)Section 144ASection 68

…bunal has only affirmed the finding of the first appellate authority. Thus, there is concurrent finding of fact by the two lower appellate authorities. 19. This Court in the case of Commissioner of Income Tax -1, Mumbai v/s. Nikunj Eximp Enterprises(P.) Ltd., 372 ITR 619; wherein an identical fact situation arose did not interfere with the order passed by the Tribunal and held that no substantial question of law arose from such order. It was held that merely because the suppliers had not appeared before the Assessing Officer, no conclusion could be arrived at that the purchases were not made by the assessee." 16.…

Vaghasiya Exports, Mumbai vs. Pr.CIT-32, Mumbai

In the result, the appeal of the assessee is allowed

ITA 2370/MUM/2018[2009-10]Status: DisposedITAT Mumbai28 Sept 2020AY 2009-10

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10 M/S. Vaghasiya Exports, Pr. Cit-32, C-11, Bharat Diamond Bourse, 2Nd Floor, Ae-2080, Pratyakshakar Bhavan, 2Nd Floor, Vs. Bandra Kurla Compex, Bandra Kurla Compex, Bandra (E), Bandra East, Mumbai Mumbai – 400 051 Pan: Aaafv 2061Q (Appellant) (Respondent) Present For: Assessee By : Shri K. Shivram, A.R. & Shri Rahul Hakani, A.R. Revenue By : Shri Sushil Kumar Poddar, D.R. Date Of Hearing : 21.08.2020 Date Of Pronouncement : 28.09.2020 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.03.2018 Of The Principal Commissioner Of Income Tax [Hereinafter Referred To As The Pcit Relevant To Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under: “Order Passed U/S. 263 Is Bad-In-Law & Liable To Be Quashed 1. The Ld. Pr. Cit Erred In Issuing Notice U/S.263 Of The Act Based Upon The Proposal Received From Ito / Jt. Cit & Not By Suo-Moto Examination Of Records & Application Of Mind & Thus, The Revision Proceedings U/S 263 Of The Act Are Carried Out Upon The Directions Of Ito / Jt. Cit Is Contrary To The Provisions Of Sec. 263 Of The Act & Hence, Bad In Law & Liable To Be Quashed.

For Appellant: Shri K. Shivram, A.R. &For Respondent: Shri Sushil Kumar Poddar, D.R
Section 143(3)Section 147Section 148Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “F”, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER Assessment Year: 2009-10 M/s. Vaghasiya Exports, Pr. CIT-32, C-11, Bharat Diamond Bourse, 2nd Floor, AE-2080, Pratyakshakar Bhavan, 2nd Floor, Vs. Bandra Kurla Compex, Bandra Kurla Compex, Bandra (E), Bandra East, Mumbai Mumbai – 400 051 PAN: AAAFV 2061Q (Appellant) (Respondent) Present for: Assessee by : Shri K. Shivram, A.R. & Shri Rahul Hakani, A.R. Revenue by : Shri Sushil Kumar Poddar, D.R. Date of Hearing : 21.08.2020 Date of Pronouncement : 28.09.2020 O R D E R…

Income Tax Officer-4(2)(4), Mumbai vs. Manek Metal (I) Private Limited, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 4264/MUM/2017[2007-08]Status: DisposedITAT Mumbai31 Aug 2020AY 2007-08

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.4264/M/2017 & 4265/M/2017 (निर्धारण वर्ा / Assessment Years: 2007-08 & 2008-09) Ito-4(2)(4) बिधम/ M/S. Manek Metal (I) P. Ltd. Room No.647, 6Th Floor, 262, K-1, Inside Mehta Vs. Estate, Thakur Dhwar, Main Aayakar Bhavan, M.K. Road, 2Nd Khattar Gali-2 Road, Mumbai-400020. Mumbai-400002. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcm8872A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Drop Singh Meena (Sr. Ar) Assessee By: Shri Prateek Jain सुनवाई की तारीख / Date Of Hearing: 31/08/2020 घोषणा की तारीख /Date Of Pronouncement: 31/08/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Above Mentioned Appeals Have Been Filed By The Revenue Against The Order Dated 07.03.2017 Passed By The Commissioner Of Income Tax (Appeals)-9, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys.2007-08 & 2008-09. Ita. No.4264/M/2017:- 2. The Revenue Has Filed The Present Appeal Against The Order Dated 07.03.2017 Passed By The Commissioner Of Income Tax (Appeals)-9

For Appellant: Shri Prateek JainFor Respondent: Shri Drop Singh Meena (Sr. AR)
Section 133(6)Section 143(1)Section 148Section 37(1)

…ing for the year under consideration in respect of the said eight parties. The same cannot be said to be peak balance arising out of cash circulation. 6.3.7.1) in the case of Commissioner of Income-tax-1, Mumbai v. Nikunj Eximp Enterprises (P.) Ltd CIT [2015)(372 ITR 619)(Bombay) the court has held as under:- "We have considered the submission on behalf of the revenue. However, from the order of the Tribunal dated 30-04-2010, we find that the Tribunal has deleted the additions on account of bogus purchases net only on the basis of stock statement i.e. reconciliation statement, but also in view of the other frets.…