DCIT v. Rajeev G. Kalathil

ITO WD 1(3), Kalyan vs. Pushpak Auxichem P.Ltd, Thane

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2009-10 Income Tax Officer, M/S Pushpak Auxichem Pvt. Ward-1(3), Ltd. बनाम/ 1St Floor, Mohan Plaza, 804, Iris, 8Th Floor, Vs. Wayale Nagar, Khadakpada, Regency Estate, Bldg. No.7, Kalyan (West), Dayaneshwar Ngar, Kalyan, Maharashtra-421301 Shill Road, Dombivali (East), Thane (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aabcp0099E

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 2.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

Sunil Great (Hyk) Processors P.Ltd, Bhiwandi vs. Asst CIT Cir 1, Kalyan

The appeal of the assessee is dismissed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2011-12 Sunil Great (Hyk) Processors Acit, Pvt. Ltd., Circle-1 बनाम/ House No. 1, Green Park, 1St Floor, Mohan Plaza, Vs. A-Wing, 1St Floor, Wayale Nagar Khandakpada, Bhiwandi-421302 Kalyan (W), Maharashtra-421301 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aajcs1619M

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 2.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

Asst CIT Cir 3, Kalyan vs. Shree Sai Enterprises, Mumbai

In the result this appeal by the revenue is stands allowed for statistical purposes

Bench: Shri Shamim Yahya, Am & Shri Shaktijit Dey, Jm

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ ‘D’, मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “D”, MUMBAI Before Shri Shamim Yahya, AM & Shri Shaktijit Dey, JM ITA No.1754/Mum/2017 : Asst.Year 2010-2011 Asst.Commissioner of Income-tax M/s.Shree Sai Enterprises बनाम/ Circle 3 Om Sai Building, No.5, Ship No.2 Kalyan (W). Behind Heena Garden Vs. Pipe Line Road, Gandhare Kalyan (West) 421 301. PAN : AAZFS9709B. (अपीलाथ" /Appellant) (""यथ"/Respondent) Appellant by : Shri Purushottam Kumar Respondent by : Shri V.G.Ginde सुनवाई क" तार"ख / घोषणा क" तार"ख / Date of Hearing : 24.08.2017 Date of Pronouncement : 03.10.2…

Mayur Shrimankar, Mumbai vs. ITO-21(1)(3), Mumbai

The appeals of the assessee are dismissed

Bench: Shri Joginder Singh & Shri G. Manjunatha

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 3.6. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

Asst CIT 14(1), Mumbai vs. Kantilal C Jain, Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2010-11 Asst. Cit-14(1), Shri Kantilal C. Jain 2Nd Floor, Earnest House, M/S. Shailesh Jewellers बनाम/ Nariman Point, Shop No. 4, 2Nd Floor, Vs. Mumbai-400 021 108/112, Ustad Building, Zaveri Bazar, Opp. Khara Kuwa, Mumbai-400 002 ("नधा"रती /Assessee) Pan. No. Aadpj 9583 E

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 5.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

ITO 31(2)(3), Mumbai vs. Bharatkumar Nagraj Jain, Mumbai

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Years: 2009-10 Income Tax Officer-31(2)(3), Mr. Bharatkumar Nagraj (Erstwhile Income Tax Officer- Jain, बनाम/ 24(3)(4), Proprietor Of N.R. Vs. R. No.705, C-11, 7Th Floor, Computech, 23/11, Pratyakshkar Bhavan, Jawahar Nagar, B.K.C. Bandra (East), Goregaon (East), Mumbai-400051 Mumbai-400063 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Acwpj1720C C.O. No.07/Mum/2017 (Arising Out Of Ita No.2608/Mum/2015) Assessment Years: 2009-10 Mr. Bharatkumar Nagraj Jain, Income Tax Officer-31(2)(3), Proprietor Of N.R. Computech, (Erstwhile Income Tax बनाम/ 23/11, Jawahar Nagar, Officer-24(3)(4), Vs. Goregaon (East), R. No.705, C-11, 7Th Floor, Mumbai-400063 Pratyakshkar Bhavan, B.K.C. Bandra (East), Mumbai-400051 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Acwpj1720C C.O. No.06 To 08/Mum/2017 Bharat Kumar Nagraj Jain Assessment Years: 2010-11 Income Tax Officer-31(2)(3), Mr. Bharatkumar Nagraj (Erstwhile Income Tax Officer- Jain, बनाम/ 24(3)(4), Proprietor Of N.R. Vs. R. No.705, C-11, 7Th Floor, Computech, 23/11, Pratyakshkar Bhavan, Jawahar Nagar, B.K.C. Bandra (East), Goregaon (East), Mumbai-400051 Mumbai-400063 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Acwpj1720C

…favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” C.O. No.06 to 08/Mum/2017 Bharat Kumar Nagraj Jain 2.7 The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

Shekasa Engineering Co., Mumbai vs. DCIT Cir 7(2), Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2009-10 Shekasa Engineering Co. Dcit, Pvt. Ltd., Circle-8(2)(1), बनाम/ 02Nd Floor, 182/186, Metal Room No.670, Vs. House, Kalbadevi Road, Aayakar Bhavan, Opp. Cotton Exchange, M. K. Road, Mumbai-400002 Mumbai-400002 ("नधा"रती/Assessee) (राज"व /Revenue) Pan No.:-Aaacs7426F "नधा"रती क" ओर से / Assessee By Shri Satish Mody Shri V. Justin-Dr राज"व क" ओर से / Revenue By 14/09/2017 सुनवाई क" तार"ख / Date Of Hearing : 14/09/2017 आदेश क" तार"ख /Date Of Order: आदेश / O R D E R

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 2.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

ITO 14(2)(2), Mumbai vs. T M Mohamedally, Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Years: 2009-10 Income Tax Officer-14(2)(2), M/S T M Mohamedally Room No.304, 3Rd Floor, Hararwala Bldg. बनाम/ Earnest House, 112, Lohar Chawl, Vs. Nariman Point, Mumbai-400002 Mumbai-400021 (राज"व /Revenue) ("नधा"रती/Assessee) Pan No.:-Aacft2448M

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 2.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- 12 T. M. Mohamedaly “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper V…

Kshitj Interiors P.Ltd, Mumbai vs. DCIT 10(1)(2), Mumbai

The appeals of the assessee are dismissed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 2.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

DCIT 9(1)(1), Mumbai vs. Acon Measurement P.Ltd, Mumbai

The appeal of the Revenue is dismissed and the

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2009-10 Dcit -9(1))(1), M/S Acon Measurement Pvt. Room No.260A, 02Nd Floor बनाम/ Limited, Aayakar Bhavan A-22, Nanddham Indl. Estate, Vs. M.K. Road Marol Maroshi Road, Mumbai-400020. Andheri (East), Mumbai-400059 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aaaca5078K

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 2.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

ACIT Cir 4(2), Mumbai vs. Kaysons Agencies P.Ltd, Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year:2007-08

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 3.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

Kaysons Agencies Pvt. Ltd., Mumbai vs. A.C.I.T.Cir.4(2), Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year:2007-08

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 3.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

Kaysons Agencies P.Ltd, Mumbai vs. ACIT Cen Cir 20, Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year:2007-08

…swer the question in the affirmative, that is, in favour of the assessee and against the Revenue. Accordingly, the reference stands disposed of with no order as to costs.” 3.7. The Mumbai Bench of the Tribunal in the case of DCIT vs Rajeev G. Kalathil (2015) 67 SOT 52 (Mum. Trib.)(URO), identically, held as under:- “2.2.Aggrieved by the order of the AO, assessee preferred an appeal before the First Appellate Authority(FAA).Before him it was argued that assessee had filed copies of bills of purchase from DKE and NBE, that both the suppliers were registered dealers and were carrying proper VAT and registration N…

Videocon Industries Ltd, Mumbai vs. DCIT RG 3(3)(2), Mumbai

In the result assessee’s appeal is partly allowed

Bench: Shri R.C. Sharma & Shri Amit Shuklaassessment Year: 2011-12

…No. 2826/Mum/2013; (iv) Hiralal Chunilal Jain Vs. ITO, ITA No.4547/Mum/2014; (v) CIT Vs. Nikunj Eximp Enterprises (P) Ltd. 35 Taxmann.com 384 (Bom) (vi) ACIT Vs. M/s. G. V. Sons, ITA No. 2238, 2239 & 2240 of 2012 (ITAT Mum); (vii) DCIT Vs. Rajeev G. Kalathil 67 SOT 52 (ITAT Mum); (viii) Balaji Textile Industries (P) Ltd. Vs. Third ITO 49 ITD 177 (ITAT Mum); He also made distinction of various decisions which was relied by the Ld. DR. 28. We have carefully considered the entire gamut of facts, perused the relevant finding given in the impugned orders as well as the rival submissions made by the parties before u…

Asst CIT 25(2), Mumbai vs. Vijay M Vaghani, Mumbai

In the result, the Revenue’s appeal is dismissed and assessee’s C

Bench: Shri Jason P. Boaz, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./ I.T.A. No. 3434/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11)

…IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI JASON P. BOAZ, AM AND SHRI SANDEEP GOSAIN, JM आयकर अपील सं./ I.T.A. No. 3434/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11) Asstt. Commissioner of Income Tax- Shri Vijay M Vaghani 25(2),Room No.108, 1st Floor, Bldg. Prop. M/s V-Tech Engineers, बनाम/ No. C-11, Pratyakshakar Bhavan, 202, Narmada Chhaya Apartment Bandra Kurla Complex, Bandra (East), Carter Road No.05, Radongri, Vs. Mumbai-400 051. Borivali (E), Mumbai-400 066. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. ADEPV 8809P (अपीलाथ" /Appellant) (""यथ" / Respondent) : C.O. No.13/Mum/2016 (Asse…

DCIT 30(3), Mumbai vs. Shivshankar R. Sharma, Mumbai

In the result both appeals of the revenue are dismissed

…013 ii) Shri Ganpatraj A Sanghavi Vs. ACIT, ITA No.2826/Mum/2013 iii) M/s G.V.Sons Vs. ACIT, ITA No.2239/Mum/2012 iv) Shri Deepak Popatlal Gala Vs. ITO, ITA No.,5920/Mum/2013 v) Babulal C. Borana Vs. Third ITO, 282 TR 251(Bom) vi) Rajeev G. Kalathil Vs. DCIT, 67 SOT 52(Mum Trib) vii) CIT Vs. Nangalia Fabrics Pvt. Ltd., 220 taxman 17 (guj) viii) CIT Vs. Nikunj Eximp Enterprises pvt. Ltd., 216 taxman 171 ix) CIT Vs. M.K.Brothers, 163 ITR 249 x) ITO Vs. Premanand, 107 TTJ 395 xi) Arora Alloys Ltd., 370 ITR 372 8. We have considered rival contentions and carefully gone through the orders of authorities below. We had…

DCIT 24(2), Mumbai vs. Shivshankar R. Sharma, Mumbai

In the result both appeals of the revenue are dismissed

…013 ii) Shri Ganpatraj A Sanghavi Vs. ACIT, ITA No.2826/Mum/2013 iii) M/s G.V.Sons Vs. ACIT, ITA No.2239/Mum/2012 iv) Shri Deepak Popatlal Gala Vs. ITO, ITA No.,5920/Mum/2013 v) Babulal C. Borana Vs. Third ITO, 282 TR 251(Bom) vi) Rajeev G. Kalathil Vs. DCIT, 67 SOT 52(Mum Trib) vii) CIT Vs. Nangalia Fabrics Pvt. Ltd., 220 taxman 17 (guj) viii) CIT Vs. Nikunj Eximp Enterprises pvt. Ltd., 216 taxman 171 ix) CIT Vs. M.K.Brothers, 163 ITR 249 x) ITO Vs. Premanand, 107 TTJ 395 xi) Arora Alloys Ltd., 370 ITR 372 8. We have considered rival contentions and carefully gone through the orders of authorities below. We had…

Mpil Steel Structures Ltd, Mumbai vs. DCIT 8(2), Mumbai

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

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.6602/Mum/2014 (ननधधारण वषा / Assessment Year : 2011-12) M/S Mpil Steel Structures Ltd, बनधम/ Dy. Commissioner Of Income (Formerly Known As M/S Tax 8(2), Room No.209, Vs. Multicolour Project India Ltd) Aayakar Bhavan, Trade Star B, 6Th Floor, M K Road, Andheri Kurla Road, Mumbai-400020. Opp J B Nagar, Andheri (E), Mumbai-400072 स्थधयी ऱेखध सं./ Pan :Aaccm6070B अपीऱार्थी ओर से / Assessee By Shri Vishnu Saraf & Shri Mihir Tanna प्रत्यर्थी की ओर से/Revenue By Shri Sachhinand Dubey

…आयकर अपीऱीय अधिकरण, म ुंबई न्यायपीठ “बी” म ुंबई IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JM AND SHRI RAJESH KUMAR, AM आयकर अपीऱ सं./I.T.A. No.6602/Mum/2014 (ननधधारण वषा / Assessment Year : 2011-12) M/s MPIL Steel Structures Ltd, बनधम/ Dy. Commissioner of Income (Formerly known as M/s Tax 8(2), Room No.209, Vs. Multicolour Project India Ltd) Aayakar Bhavan, Trade Star B, 6th floor, M K Road, Andheri Kurla Road, Mumbai-400020. Opp J B Nagar, Andheri (E), Mumbai-400072 स्थधयी ऱेखध सं./ PAN :AACCM6070B अपीऱार्थी ओर से / Assessee by Shri Vishnu Saraf and Shri Mihir Tanna प्रत्…

Asst CIT 25(2), Mumbai vs. Parshva Enterprises, Mumbai

Appeal of the AO is dismissed

…the FAA had applied the GP for the entire purchases.Alternatively, it was argued that GP @ 5.5% should be restricted to bogus purchases only.The AR relied upon the cases of M.K. Brothers (30 Taxman 547) (163ITR249); Rajeev G. Kalathil (5t1 taxmann.com 514); (67 SOT 52)(Mum Trib.); Ramesh Kumar & Co.(ITA No.2959/Mum/2014 dated 28.11.2014 A.Y. 2010-11). 4.1.The Departmental Representative(DR) supported the order of the FAA to the extent of the addition sustained by the FAA.With regard to the addition deleted by him,the DR argued that assessee had not filed confirmation from the sellers, in purchase bills details…