Kachwala Gems v. JCIT

288 ITR 10Supreme Court of India2007#229 most cited

What is Kachwala Gems v. JCIT authority for?

In a best judgment assessment, some guesswork is inherent, but the estimate must be fair and not arbitrary. Books of account can be rejected under Section 145(3) if the assessee fails to substantiate entries or prove the genuineness of transactions, leading to estimation of income.

332

judgments rely on this decision, according to BharatTax’s citation analysis of 367,842 Indian tax judgments — from 2015 to 2026.

Also referred to as

Kachwala Gems v. JCIT · Section 145(3) · best judgment assessment · rejection of books of account · genuineness of purchases · arbitrary estimate · onus to prove transactions · estimation of income · Section 144 · Section 69C

Also reported as

158 Taxmann 71

Sections most often in play

Section 143(3)Section 148Section 144Section 145(3)Section 147Section 68Section 69ASection 69C
Read the full judgment

Issues it is cited on

best judgment assessmentrejection of books of accountsection 145(3)section 145loose paperssection 133asection 132(4)documents seizedaccommodation entryregular assessmentsection 69cservice of notice

Judgments citing Kachwala Gems v. JCIT

Shrifal Impex Pvt. Ltd., Surat vs. Income Tax Officer, Ward - 2(1)(3), Surat

ITA 190/SRT/2023[2011-12]Status: DisposedITAT Surat29 Dec 2023AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.190 To 191/Srt/2023 Assessment Year: (2011-12 To 2012-13) (Physical Hearing) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent) आयकर अपील सं./Ita No.250/Srt/2023 Assessment Year: (2014-15) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent)

Section 143(3)Section 148

…appropriate that the same requires to be enhanced. It is high. In any case, it cannot be said that there has been perversity of approach.” Even in case of best judgment assessment, a honest and fair estimate of income should be made e) Kachwala Gems vs. JCIT 288 ITR 10(SC) “It is well settled that in a best judgment assessment there is always a certain degree of guesswork. No doubt the authorities concerned should try to make an honest and fair estimate of the income even in a best judgment assessment, and should not act totally arbitrarily.” In absence of contrary evidences, disallowance of purchase cannot be m…

Vinipul Inorganics Foods Private Limited, Chembur, Mumbai vs. Income Tax Officer Ward 14 (3) (2), Mumbai, Maharshi Karve Road

In the result both the appeals filed by the Assessee are partly allowed

ITA 2510/MUM/2023[2010-2011]Status: DisposedITAT Mumbai21 Dec 2023AY 2010-2011

Bench: Sh.Narendra Kumar Choudhry () & Shri S Rifaur Rahman ()

Section 131Section 143(1)Section 143(3)Section 147Section 148Section 250Section 254Section 69C

…factual matrix of the case and cannot be arbitrarily applied at the discretion of authorities . We have gone through the case laws relied upon by the assessee. Reference is drawn to decision of Hon’ble Supreme Court in the case of Kachwala Gems v. JCIT (2007) 288 ITR 10(SC) , wherein Hon’ble Lordships held as under : “4. The facts of the case are in a short compass. The appellant- assessee deals in precious and semi-precious stones. In the course of assessment, the Assessing Officer noticed the following defects in the books of account of the assessee : "1. The assessee has not maintained and kept any quantitativ…

Vinipul Inorganics Foods Pvt Ltd, Chembur, Mumbai vs. Income Tax Officer Ward 14 (3) (2), Mumbai, Maharshi Karve Road

In the result both the appeals filed by the Assessee are partly allowed

ITA 2509/MUM/2023[2009-10]Status: DisposedITAT Mumbai21 Dec 2023AY 2009-10

Bench: Sh.Narendra Kumar Choudhry () & Shri S Rifaur Rahman ()

Section 131Section 143(1)Section 143(3)Section 147Section 148Section 250Section 254Section 69C

…factual matrix of the case and cannot be arbitrarily applied at the discretion of authorities . We have gone through the case laws relied upon by the assessee. Reference is drawn to decision of Hon’ble Supreme Court in the case of Kachwala Gems v. JCIT (2007) 288 ITR 10(SC) , wherein Hon’ble Lordships held as under : “4. The facts of the case are in a short compass. The appellant- assessee deals in precious and semi-precious stones. In the course of assessment, the Assessing Officer noticed the following defects in the books of account of the assessee : "1. The assessee has not maintained and kept any quantitativ…

Principle Commissioner O Income Tax-42, Mumbai vs. Sunil Govind Agre, Mumbai

In the result, the appeal of the revenue stands dismissed

ITA 1615/MUM/2023[2011-2012]Status: DisposedITAT Mumbai31 Oct 2023AY 2011-2012

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1615/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Pr. Commissioner Of बिधम/ Sunil Govind Agre Income Tax-42 Room No.21, Plot Vs. Ito-42(1)(5), Mumbai No.255, Sankalp Society, Room No.945, 9Th Floor, Sector-2, Charkop, Kautilya Bhawan, Bkc, Kandivali, West, Bandra, East, Mumbai- Mumbai-400067. 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aegpa0962H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Ganesh Rakh (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 24/08/2023 घोषणा की तारीख /Date Of Pronouncement: 31/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 15.03.2023 For The Ay. 2012-13. 2. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Addition Of Rs.2,63,62,790/- Which Was Added By The Ao Since The Assessee Failed To Prove The Purchases As Genuine. & Ld Cit(A) Allowed The Appeal Of The Assessee By Restricting The Addition At Rs.4,99,264/- I.E. 0.31% Gross Profit (Gp) Of Rs.16,10,52,959/-.

For Appellant: NoneFor Respondent: Shri Ganesh Rakh (Sr. AR)
Section 133(6)Section 69C

…has already been accepted by the said party before Sales Tax Deptt. that cash is given back after deducting commission once cheque is realized. AO relied on orders of Hon'ble ITAT Jaipur and Hon'ble Apex Court in the case of M/s. Kachwala Gems vs. JCIT (2006) 288 ITR 10 (SC) where it was held that even payment by account payee cheque is not sufficient to establish the genuineness of purchases. AO held that appellant did not produce the purchase parties for verification before him. AO held that appellant failed to discharge the onus to prove the genuineness of existence of party and transaction. Reliance was place…

DCIT, Circle-7(1)(1), Mumbai vs. M/S. Mota Trading Pvt. Ltd., Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2195/MUM/2023[2011-12]Status: DisposedITAT Mumbai30 Oct 2023AY 2011-12
Section 131Section 143(1)Section 143(3)Section 147Section 148

…ual footings. 6 M/s. Mota Trading Pvt. Ltd. C. The Hon'ble ITAT, Jaipur In the case of M/s. Kachwala Gems vs. JCIT [ITA No.134/JP/2002 dated 10.12.2003] affirmed by the Hon'ble Supreme Court in the case of M/s. Kachwala Gems vs. JCIT (2006) 206 CTR (SC) 585: 288 ITR 10 (SC), has held that even payment by account payee cheque is not sufficient to establish the genuineness of purchases. D. In fact, self-interest talks in all sorts of tongues and plays all sorts of roles. The indifference of not producing the party which issued the bill(s) is indicative of the truth. The Revenue is not doubting all the purchases bu…

Shri Khandelwal Diamonds Private Limited, Jaipur vs. ACIT, Circle 1, Jaipur

In the result, appeal of the assessee is partly allowed

ITA 375/JPR/2023[2012-13]Status: DisposedITAT Jaipur30 Oct 2023AY 2012-13

Bench: Him On The Reason Of Issuing Notice U/S 148 On Borrowed Satisfaction Of Another Wing Of The Department.

For Appellant: Sh. Mukesh Khandelwal (CA)For Respondent: Sh. Anup Singh (Addl. CIT) a
Section 143(3)Section 148

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 375/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2012-13 cuke Shri Khandelwal Diamonds Private ACIT, Limited, Vs. Circle-01, Jaipur 205-206, C. K. House, IInd Floor, Bichun Market, Kishanpole Bazar, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAPCS 6518 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh…

ITO, WD-5(1), Kolkata vs. M/S Safeline Marketing Pvt. Ltd, Kolkata

ITA 20/KOL/2021[2012-13]Status: DisposedITAT Kolkata16 Oct 2023AY 2012-13

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Sunil Surana, A/RFor Respondent: Shri S. Datta, CIT, D/R
Section 250Section 68

…| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI RAJPAL YADAV, HON’BLE VICE PRESIDENT & DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 20/Kol/2021 Assessment Year: 2012-13 Income Tax Officer, Ward-5(1), M/s. Safeline Marketing Pvt. Ltd. Kolkata Vs 3rd Floor, R. No. 5 16, India Exchange Place, Dalhousie Kolkata - 700001 [PAN: AAOCS7729P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Sunil Surana, A/R Revenue by : Shri S. Datta, CIT, D/R सुनवाई क" तारीख/Date of Hearing : 26/09/2023 घोषणा क" तारीख /Date of Pronouncement: 16/10/2023 आ…

M/S Ameya Industries, Mumbai vs. Income Tax Officer 28(1)(1), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purpose

ITA 239/MUM/2023[2011-12]Status: DisposedITAT Mumbai23 Jun 2023AY 2011-12

Bench: Shri B R Bakaran, Am & Ms. Kavitha Rajagopal, Jm M/S. Ameya Industries Ito-28(1)(1) A-141, Midc Plot Ttc Area, Mumbai Vs. Khairne, Navi Mumbai-400 709

For Appellant: Shri Shashank MehtaFor Respondent: Shri Vaibhav Jain
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 250

…The assessee’s contention that the payment was made through banking channels does not establish the genuineness of a transaction and the learned AO by placing reliance on the decision of the Hon’ble Apex court in the case of M/s. Kachwala Gems vs JCIT [2007] 288 ITR 10 (SC) held that the transaction by account payee cheque per se does not constitute it to be a genuine transaction. Further the assessee contended that the corresponding sales have been effected on these purchases and had also filed copies of purchase bills and payment details before the ld. AO. The ld. AO had not disputed the sales made by the as…

Dy. Commissioner of Income Tax, Central Circle-2, Surat vs. Siddhi Vinayak Knots & Printers Pvt. Ltd., Surat

In the result, all the appeals of the assessee are allowed and appeals of revenue are dismissed

ITA 122/SRT/2021[2014-15]Status: DisposedITAT Surat12 May 2023AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A Nos. 40, 41, 42, 43 & 115/Srt/2021 (Assessment Years 2010-11 To 2014-15) (Physical Hearing) Siddhi Vinayak Knots & Prints D.C.I.T., Pvt. Ltd., Central Circle-2, Vs. A-26, Central Park, Gidc, Surat. Pandesara, Surat-394221. Pan No. Aamcs 4421 L Appellant/ Assessee Respondent/ Revenue

Section 132Section 143(2)Section 143(3)Section 145(3)Section 153ASection 254(1)

…in Crescent Co. Vs CIT (2022) 137 taxmann.com 408 (Orrisa) also held that mere non- issuance of sale memos could not have been a ground to reject entire account books. The Hon’ble Apex Court in leading case law in Kachwala Gems Vs JCIT (2007) (158 Taxman71 / 288 ITR 10-SC) held that it is well-settled that in a best judgment assessment, there is always a certain degree of guess work. No doubt, the authorities concerned should try to make an honest and fair estimate of the income even in a best judgment assessment, and should not act totally arbitrarily, but there is necessarily some amount of guess work involved…

Siddhi Vinayak Knots & Printers Pvt. Ltd., Surat vs. Dy. Commissioner of Income Tax, Central Circle-2, Surat

In the result, all the appeals of the assessee are allowed and appeals of revenue are dismissed

ITA 115/SRT/2021[2014-15]Status: DisposedITAT Surat12 May 2023AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A Nos. 40, 41, 42, 43 & 115/Srt/2021 (Assessment Years 2010-11 To 2014-15) (Physical Hearing) Siddhi Vinayak Knots & Prints D.C.I.T., Pvt. Ltd., Central Circle-2, Vs. A-26, Central Park, Gidc, Surat. Pandesara, Surat-394221. Pan No. Aamcs 4421 L Appellant/ Assessee Respondent/ Revenue

Section 132Section 143(2)Section 143(3)Section 145(3)Section 153ASection 254(1)

…in Crescent Co. Vs CIT (2022) 137 taxmann.com 408 (Orrisa) also held that mere non- issuance of sale memos could not have been a ground to reject entire account books. The Hon’ble Apex Court in leading case law in Kachwala Gems Vs JCIT (2007) (158 Taxman71 / 288 ITR 10-SC) held that it is well-settled that in a best judgment assessment, there is always a certain degree of guess work. No doubt, the authorities concerned should try to make an honest and fair estimate of the income even in a best judgment assessment, and should not act totally arbitrarily, but there is necessarily some amount of guess work involved…

JCIT Circle-22(1), New Delhi vs. Saidham Overseas Pvt Ltd, Gurgaon

In the result, the appeal of the Revenue is allowed for statistical purposes

ITA 4063/DEL/2019[2013-14]Status: DisposedITAT Delhi26 Apr 2023AY 2013-14

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Priyansh Jain, CAFor Respondent: Shri N.K. Bansal, Sr.DR
Section 142(1)Section 143(3)Section 144Section 145Section 145(3)

…books of account and invoking Sec.145, the AO does not get unfettered powers to apply any GP rate of his choice. Relying on the judgment of the Hon'ble Sangrur Vanaspati Mills Ltd. vs. CIT (2007) 211 CTR (P&H) 439 and "Hon'ble SC in Kachwala Gems vs. Jt. CIT 288 ITR 10 (SC), the best judgment assessment must be on a reasonable basis and should be honest and fair estimate and not totally arbitrary. In the instant case, AO had not brought any material evidences to show that some business activities has been carried out by the assessee and no finding has been recorded. In view of the above discussion, in my conside…

M/S. Gurjar Gems Pvt. Ltd., Mumbai vs. ACIT, Circle 9(3)(2), Mumbai

In the result, the appeal of assessee is partly allowed

ITA 213/MUM/2023[2012-13]Status: DisposedITAT Mumbai31 Mar 2023AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 M/S Gurjar Gems Pvt. Ltd., Acit, Circle 9(3)(2), Plot No. F-17 Midc, Marol Aayakar Bhavan, Industrial Area, Opp. Seepz, Vs. Maharshi Karve Road, Andheri (E), Chakala Midc S.O., Mumbai-400020. Mumbai-400093. Pan No. Aaacg 3685 L Appellant Respondent Assessee By : Mr. Ravikant Pathak, Ar Revenue By : Mr. Milind S. Chavan, Dr : Date Of Hearing 24/03/2023 : Date Of Pronouncement 31/03/2023 Order

For Appellant: Mr. Ravikant Pathak, ARFor Respondent: Mr. Milind S. Chavan, DR
Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI SANDEEP SINGH KARHAIL (JUDICIAL MEMBER) Assessment Year: 2012-13 M/s Gurjar Gems Pvt. Ltd., ACIT, Circle 9(3)(2), Plot No. F-17 MIDC, Marol Aayakar Bhavan, Industrial Area, Opp. SEEPZ, Vs. Maharshi Karve Road, Andheri (E), Chakala MIDC S.O., Mumbai-400020. Mumbai-400093. PAN No. AAACG 3685 L Appellant Respondent Assessee by : Mr. Ravikant Pathak, AR Revenue by : Mr. Milind S. Chavan, DR : Date of Hearing 24/03/2023 : Date of pronouncement 31/03/2023 ORDER PER OM PRAKASH KANT, AM This appeal by th…

Shrimati Suman Sabharwal, Jalandhar vs. Assistant Commissioner of Income Tax Central Circle-2, Jalandhar

In the result, all the captioned three appeals of the assessee are

ITA 629/ASR/2019[2014-15]Status: DisposedITAT Amritsar20 Feb 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Rohit Mehra, CIT-D.R
Section 143(3)Section 153ASection 69C

…gh to make addition as per estimate of the AO—It depends upon facts and circumstances of each case as to what is to be fair estimate of undisclosed income and therefore no interference was called for— Kachwala Gems vs. Jt. CIT (2006) 206 CTR (SC) 585 : (2007) 288 ITR 10 (SC) applied 2. Hon’ble Delhi High Court in the case of Girish Chaudhary 163 Taxman 608 in which it was held as under: Search and seizure—Block assessment—Undisclosed income—Before an addition of an undisclosed income can be made, the AO has to bring on record the material found as a result of search of show that there is an undisclosed income—AO…

Shrimati Suman Sabharwal, Jalandhar vs. Assistant Commissioner of Income Tax Central Circle-2, Jalandhar

In the result, all the captioned three appeals of the assessee are

ITA 628/ASR/2019[2013-14]Status: DisposedITAT Amritsar20 Feb 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Rohit Mehra, CIT-D.R
Section 143(3)Section 153ASection 69C

…gh to make addition as per estimate of the AO—It depends upon facts and circumstances of each case as to what is to be fair estimate of undisclosed income and therefore no interference was called for— Kachwala Gems vs. Jt. CIT (2006) 206 CTR (SC) 585 : (2007) 288 ITR 10 (SC) applied 2. Hon’ble Delhi High Court in the case of Girish Chaudhary 163 Taxman 608 in which it was held as under: Search and seizure—Block assessment—Undisclosed income—Before an addition of an undisclosed income can be made, the AO has to bring on record the material found as a result of search of show that there is an undisclosed income—AO…

Shrimati Suman Sbharwal, Jalandhar vs. Assistant Commissioner of Income Tax Central Circle-2, Jalandhar

In the result, all the captioned three appeals of the assessee are

ITA 627/ASR/2019[2012-13]Status: DisposedITAT Amritsar20 Feb 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Rohit Mehra, CIT-D.R
Section 143(3)Section 153ASection 69C

…gh to make addition as per estimate of the AO—It depends upon facts and circumstances of each case as to what is to be fair estimate of undisclosed income and therefore no interference was called for— Kachwala Gems vs. Jt. CIT (2006) 206 CTR (SC) 585 : (2007) 288 ITR 10 (SC) applied 2. Hon’ble Delhi High Court in the case of Girish Chaudhary 163 Taxman 608 in which it was held as under: Search and seizure—Block assessment—Undisclosed income—Before an addition of an undisclosed income can be made, the AO has to bring on record the material found as a result of search of show that there is an undisclosed income—AO…

ACIT -1(1)(1), Mumbai vs. M/S Adhiraj Construction Private Limited, Mumbai

In the result, the appeal of the revenue and the cross objection filed by the assessee are dismissed

ITA 1410/MUM/2022[2012-2013]Status: DisposedITAT Mumbai27 Dec 2022AY 2012-2013
Section 133(6)Section 143(3)Section 148Section 68

…would not by itself establish that gift was genuine. (b) Jaipur bench of ITAT in the case of M/s Kachwala Gems vs. JCIT (ITA No.134/JP/2002 dated 10-12-2003 approved by Hon’ble Supreme Court in the case of M/s Kachwala Gems vs. JCIT (2006)(206 CTR (SC) 585, 288 ITR 10 (SC), wherein it was held that even payment by account payee cheque is not sufficient to establish the genuineness of purchases. 8. Before Ld CIT(A), the assessee reiterated its stand that it has received only booking advances from the above said three concerns. It was also submitted that the assessee has also proved the identity of the parties,…

Virambhai Purshotamdas Patel, Mumbai vs. DCIT, CC- 5(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 7341/MUM/2018[2011-12]Status: DisposedITAT Mumbai30 Nov 2022AY 2011-12

Bench: Shri Amit Shukla & Shri Amarjit Singhita Nos. 7329 To 7331/Mum/2018 (A.Ys. 2007-08 To 2009-10) Shri Govindbhai Vs. Dcit, Cc-5(1) Tribhuvandas Patel Room No. 1908, 19Th (Prop. Of M/S G.T. Exports) Floor, Air India Building, 4/F Raghav Wadi, Nariman Point, Ground Floor, French Mumbai - 400021 Bridge, Mumbai - 400007 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Ahbpp4781D Appellant .. Respondent

For Appellant: Viraj MehtaFor Respondent: Achal Sharma
Section 132Section 132(1)Section 153ASection 153D

…ing parties. Support is drawn from the decision of the Hon'ble ITAT, Jaipur in the case of M/s Kachwala Gems Vs JCIT (ITA No. 134/JP/2002 dated 10.12.2003), affirmed by the Hon'ble Supreme Court in the case of M/s Kachwala Gems Vs JCIT (2006) 206 CTR (SC) 585:288 ITR 10(SC), it has been held that even payment by account payee cheque is not sufficient to establish the genuineness of purchases. G. The above observations clearly establish that these bills issued by M/s. Natasha Enterprises are nothing but accommodation entries. However, it is also matter of fact that the material so debited against M/s. Natasha Ente…

Bhavesh Kumar Patel, Mumbai vs. DCIT, CC - 5(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 7337/MUM/2018[2009-10]Status: DisposedITAT Mumbai30 Nov 2022AY 2009-10

Bench: Shri Amit Shukla & Shri Amarjit Singhita Nos. 7329 To 7331/Mum/2018 (A.Ys. 2007-08 To 2009-10) Shri Govindbhai Vs. Dcit, Cc-5(1) Tribhuvandas Patel Room No. 1908, 19Th (Prop. Of M/S G.T. Exports) Floor, Air India Building, 4/F Raghav Wadi, Nariman Point, Ground Floor, French Mumbai - 400021 Bridge, Mumbai - 400007 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Ahbpp4781D Appellant .. Respondent

For Appellant: Viraj MehtaFor Respondent: Achal Sharma
Section 132Section 132(1)Section 153ASection 153D

…ing parties. Support is drawn from the decision of the Hon'ble ITAT, Jaipur in the case of M/s Kachwala Gems Vs JCIT (ITA No. 134/JP/2002 dated 10.12.2003), affirmed by the Hon'ble Supreme Court in the case of M/s Kachwala Gems Vs JCIT (2006) 206 CTR (SC) 585:288 ITR 10(SC), it has been held that even payment by account payee cheque is not sufficient to establish the genuineness of purchases. G. The above observations clearly establish that these bills issued by M/s. Natasha Enterprises are nothing but accommodation entries. However, it is also matter of fact that the material so debited against M/s. Natasha Ente…

Govindbhai Tribhuvandas Patel, Mumbai vs. Deputy Commissioner of Income Tax Central Circle-5(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 7329/MUM/2018[2009-10]Status: DisposedITAT Mumbai30 Nov 2022AY 2009-10

Bench: Shri Amit Shukla & Shri Amarjit Singhita Nos. 7329 To 7331/Mum/2018 (A.Ys. 2007-08 To 2009-10) Shri Govindbhai Vs. Dcit, Cc-5(1) Tribhuvandas Patel Room No. 1908, 19Th (Prop. Of M/S G.T. Exports) Floor, Air India Building, 4/F Raghav Wadi, Nariman Point, Ground Floor, French Mumbai - 400021 Bridge, Mumbai - 400007 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Ahbpp4781D Appellant .. Respondent

For Appellant: Viraj MehtaFor Respondent: Achal Sharma
Section 132Section 132(1)Section 153ASection 153D

…ing parties. Support is drawn from the decision of the Hon'ble ITAT, Jaipur in the case of M/s Kachwala Gems Vs JCIT (ITA No. 134/JP/2002 dated 10.12.2003), affirmed by the Hon'ble Supreme Court in the case of M/s Kachwala Gems Vs JCIT (2006) 206 CTR (SC) 585:288 ITR 10(SC), it has been held that even payment by account payee cheque is not sufficient to establish the genuineness of purchases. G. The above observations clearly establish that these bills issued by M/s. Natasha Enterprises are nothing but accommodation entries. However, it is also matter of fact that the material so debited against M/s. Natasha Ente…

Alkesh Patel (Prop. of M/S Umiya Gems), Mumbai vs. Income Tax 19(1)(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 7325/MUM/2018[2007-08]Status: DisposedITAT Mumbai30 Nov 2022AY 2007-08

Bench: Shri Amit Shukla & Shri Amarjit Singhita Nos. 7329 To 7331/Mum/2018 (A.Ys. 2007-08 To 2009-10) Shri Govindbhai Vs. Dcit, Cc-5(1) Tribhuvandas Patel Room No. 1908, 19Th (Prop. Of M/S G.T. Exports) Floor, Air India Building, 4/F Raghav Wadi, Nariman Point, Ground Floor, French Mumbai - 400021 Bridge, Mumbai - 400007 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Ahbpp4781D Appellant .. Respondent

For Appellant: Viraj MehtaFor Respondent: Achal Sharma
Section 132Section 132(1)Section 153ASection 153D

…ing parties. Support is drawn from the decision of the Hon'ble ITAT, Jaipur in the case of M/s Kachwala Gems Vs JCIT (ITA No. 134/JP/2002 dated 10.12.2003), affirmed by the Hon'ble Supreme Court in the case of M/s Kachwala Gems Vs JCIT (2006) 206 CTR (SC) 585:288 ITR 10(SC), it has been held that even payment by account payee cheque is not sufficient to establish the genuineness of purchases. G. The above observations clearly establish that these bills issued by M/s. Natasha Enterprises are nothing but accommodation entries. However, it is also matter of fact that the material so debited against M/s. Natasha Ente…