NK Proteins Ltd. v. DCIT

292 CTR 354Supreme Court of India2017#921 most cited

What is NK Proteins Ltd. v. DCIT authority for?

When purchases are unverifiable or alleged to be bogus, only the profit element embedded in such transactions is taxable, not the entire purchase amount; the onus lies on the assessee to prove the genuineness of the transactions.

115

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2026.

Also referred to as

NK Proteins Ltd v DCIT · 292 CTR 354 SC · 84 taxmann.com 195 SC · unverifiable purchases · bogus purchases · profit element · Section 69C · addition to income · onus of proof · genuineness of transactions · unexplained expenditure

Sections most often in play

Section 143(3)Section 69CSection 147Section 133(6)Section 153ASection 250Section 148Section 153C

Issues it is cited on

section 245c(1)section 101section 245hsection 245csection 245d(4)section 245dfull and true disclosuresection 245section 156section 69csection 194cloose papers

Judgments citing NK Proteins Ltd. v. DCIT

Assistant Commissioner of Income-Tax, Circle - 3, Pune vs. Shri. Pritam Subhash Mahale, Pune

ITA 183/PUN/2020[2009-10]Status: DisposedITAT Pune15 Nov 2022AY 2009-10

Bench: Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.183/Pun/2020 निर्धारण वर्ा / Assessment Year : 2009-2010 Asstt. Commissioner Of Income Tax, Circle-3, Pune. . . . . . . . अपऩलधथी / Appellant बनाम / V/S. Shri Pritam S Mahale F.No-01, Nihar Apartment, Mayur Colony, Kothrud, Pune-29. . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : None For The Assessee Revenue By : Shri M. G. Jasnani सपिवधई की तधरऩख / Date Of Conclusive Hearing : 03/10/2022 घोर्णध की तधरऩख / Date Of Pronouncement : 15/11/2022 आदेश / Order Per G. D. Padmahshali, Am; The Present Appeal Of The Revenue Is Assailed Against The Order Of The Commissioner Of Income Tax (Appeals)-3, Pune [For Short “Cit(A)”] Dt. 20/11/2019 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”] Which Emanated Out Of The Assessment Order Dt. 09/03/2015 Passed U/S 143(3) R.W.S. 147 Of The Act, By The Dy. Commissioner Of Income Tax-Circle-3, Pune [For Short “Ao”] For The Assessment Year 2009-10. 2. The Grounds As Raised In The Memorandum Are;

For Appellant: None for the AssesseeFor Respondent: Shri M. G. Jasnani
Section 143Section 143(3)Section 148Section 250

…he action of Ld. FAA in restricting the disallowance to GP Ratio as without justification ITAT-Pune Page 4 of 10 Shri Pritam S Mahale ITA No.183/PUN/2020 AY: 2009-10 and circumventing the decision of Hon’ble Apex Court in “N. K. Protein Vs DCIT”, reported in 292 CTR 354 (SC), the revenue is in appeal on the grounds set in para 2 herein before. 4. When the matter called up at physical hearing, none represented the assessee, in the interest of justice we proceeded to adjudicate the matter following rule 25 of the ITAT-Rules, which empowers this Tribunal to decide the appeal ex–parte on merits where the respondent…

The ACIT, Circle-2(1)(1), Ahmedabad vs. M/S. Gujarat Terce Laboratories Ltd., Ahmedabad

The appeal of the Revenue are allowed

ITA 1826/AHD/2017[2011-12]Status: DisposedITAT Ahmedabad22 Jul 2022AY 2011-12
For Appellant: Shri G.C. Daxini, Sr. D.RFor Respondent: Shri A.C. Shah & Shri Bhadresh
Section 143(3)Section 147Section 250(6)

…. 2011-12 & Ors. Page No ACIT vs. Gujarat Terce Laboratories Ltd. He pointed out that the Hon’ble jurisdictional High Court had however held that bogus purchases were to be disallowed in entirety in the case of N.K. Industries Ltd. Vs. DCIT reported in [2017] 292 CTR 354 (Guj.) Our attention was also drawn to the decision of the Hon’ble jurisdictional High Court in the case of CIT, Gandhinagar vs. Aashadeep Industries [2018] 256 taxmann.com 440 (Guj.) pointing out there from that on the issue whether the restriction of bogus purchases to the extent of 25% of their value by the Tribunal was correct as opposed to 1…

The ITO, Ward-2(1)(1), Ahmedabad vs. M/S. Gujarat Terce Laboratories Ltd., Ahmedabad

The appeal of the Revenue are allowed

ITA 2301/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad22 Jul 2022AY 2013-14
For Appellant: Shri G.C. Daxini, Sr. D.RFor Respondent: Shri A.C. Shah & Shri Bhadresh
Section 143(3)Section 147Section 250(6)

…. 2011-12 & Ors. Page No ACIT vs. Gujarat Terce Laboratories Ltd. He pointed out that the Hon’ble jurisdictional High Court had however held that bogus purchases were to be disallowed in entirety in the case of N.K. Industries Ltd. Vs. DCIT reported in [2017] 292 CTR 354 (Guj.) Our attention was also drawn to the decision of the Hon’ble jurisdictional High Court in the case of CIT, Gandhinagar vs. Aashadeep Industries [2018] 256 taxmann.com 440 (Guj.) pointing out there from that on the issue whether the restriction of bogus purchases to the extent of 25% of their value by the Tribunal was correct as opposed to 1…

The ITO, Ward-2(1)(1), Ahmedabad vs. M/S. Gujarat Terce Laboratories Ltd., Ahmedabad

The appeal of the Revenue are allowed

ITA 1477/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad22 Jul 2022AY 2011-12
For Appellant: Shri G.C. Daxini, Sr. D.RFor Respondent: Shri A.C. Shah & Shri Bhadresh
Section 143(3)Section 147Section 250(6)

…. 2011-12 & Ors. Page No ACIT vs. Gujarat Terce Laboratories Ltd. He pointed out that the Hon’ble jurisdictional High Court had however held that bogus purchases were to be disallowed in entirety in the case of N.K. Industries Ltd. Vs. DCIT reported in [2017] 292 CTR 354 (Guj.) Our attention was also drawn to the decision of the Hon’ble jurisdictional High Court in the case of CIT, Gandhinagar vs. Aashadeep Industries [2018] 256 taxmann.com 440 (Guj.) pointing out there from that on the issue whether the restriction of bogus purchases to the extent of 25% of their value by the Tribunal was correct as opposed to 1…

ITO Ward-3(1), Mumbai vs. Bharat Sanitary & Hardware Supplier, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 117/MUM/2021[2009-10]Status: DisposedITAT Mumbai21 Jul 2022AY 2009-10

…Ltd. Vs.ITO (2019) (104 taxmann.com 95) 5. The revenue is aggrieved by the decision rendered by learned CIT(A) 6. At the time of hearing, the learned DR placed her reliance on the decision rendered by Hon'ble Supreme Court in the case of N.K. Proteins Ltd. (292 CTR 354). However, I find that the facts prevailing in the case of N.K. Proteins Ltd. (supra) are totally different from the facts available in the present case. In the instant case addition has been made on the basis of information received from the sales tax department and there was no credible evidence to prove in foolproof manner that the purchases m…

Afcons Infrastructure Ltd., Mumbai vs. Pr. CIT -(1), Mumbai

ITA 749/MUM/2021[2010-11]Status: DisposedITAT Mumbai29 Mar 2022AY 2010-11

Bench: Shri M. Balaganesh & Shri Kuldip Singhassessment Year: 2010-11

For Appellant: Shri Sujit Ghosh, A.RFor Respondent: Ms. Shailja Rai, D.R
Section 115JSection 143(3)Section 147Section 263Section 69

…n and no return of income have been filed, the entire transaction should have been added back to the income and not 12.5% of sales. (iii) Reliance is placed on the decision of the Hoh'ble Supreme Court in the case of N.K. Proteins Pvt. Ltd. vs. Dy. CIT(2016) 292 CTR 354.."Whereby it was held that addition on basis of undisclosed income could not be restricted to certain percentage when the entire transaction was found to be bogus." Similarly, on perusal of the computation of income furnished by you, during the course of reassessment proceedings, the sum of Rs.6,57,89,000/- on account of 'Arbitration Credits' ta…

ACIT 26 (2), Mumbai vs. Perfect Garments Processors, Mumbai

In the result, for ay 2009-10 appeal of the learned

ITA 6591/MUM/2019[2009-10]Status: DisposedITAT Mumbai25 Mar 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri RA Dhyani, DRFor Respondent: Shri Vimal Punmiya, AR
Section 143(3)Section 148

…/ [2001] 250 ITR 575 (Delhi) it was always the claim of the assessee that purchases are not bogus. Here there is no issue on that aspect but about determination of profit only. Further in case of N K proteins Limited [2016] 72 taxmann.com 289 (Gujarat)/[2017] 292 CTR 354] during the course of search proceedings at the office premises of NKPL, blank signed cheque books and vouchers of number of concerns were found. Endorsed blank cheques of NKPL by these concerns were also found from the office premises of NKPL wherein the endorsement was on the back of the cheques. Blank bill books, letter heads and vouchers of t…

ACIT 26 (2), Mumbai vs. Perfect Garments Processors, Mumbai

In the result, for ay 2009-10 appeal of the learned

ITA 6590/MUM/2019[2010-11]Status: DisposedITAT Mumbai25 Mar 2022AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri RA Dhyani, DRFor Respondent: Shri Vimal Punmiya, AR
Section 143(3)Section 148

…/ [2001] 250 ITR 575 (Delhi) it was always the claim of the assessee that purchases are not bogus. Here there is no issue on that aspect but about determination of profit only. Further in case of N K proteins Limited [2016] 72 taxmann.com 289 (Gujarat)/[2017] 292 CTR 354] during the course of search proceedings at the office premises of NKPL, blank signed cheque books and vouchers of number of concerns were found. Endorsed blank cheques of NKPL by these concerns were also found from the office premises of NKPL wherein the endorsement was on the back of the cheques. Blank bill books, letter heads and vouchers of t…

Perfect Garments Processors, Mumbai vs. ITO 29 (2)(5), Mumbai

In the result, for ay 2009-10 appeal of the learned

ITA 6580/MUM/2019[2009-10]Status: DisposedITAT Mumbai25 Mar 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri RA Dhyani, DRFor Respondent: Shri Vimal Punmiya, AR
Section 143(3)Section 148

…/ [2001] 250 ITR 575 (Delhi) it was always the claim of the assessee that purchases are not bogus. Here there is no issue on that aspect but about determination of profit only. Further in case of N K proteins Limited [2016] 72 taxmann.com 289 (Gujarat)/[2017] 292 CTR 354] during the course of search proceedings at the office premises of NKPL, blank signed cheque books and vouchers of number of concerns were found. Endorsed blank cheques of NKPL by these concerns were also found from the office premises of NKPL wherein the endorsement was on the back of the cheques. Blank bill books, letter heads and vouchers of t…

Perfect Garment Processors, Mumbai vs. ITO 29(2)(5), Mumbai

In the result, for ay 2009-10 appeal of the learned

ITA 6579/MUM/2019[2010-11]Status: DisposedITAT Mumbai25 Mar 2022AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri RA Dhyani, DRFor Respondent: Shri Vimal Punmiya, AR
Section 143(3)Section 148

…/ [2001] 250 ITR 575 (Delhi) it was always the claim of the assessee that purchases are not bogus. Here there is no issue on that aspect but about determination of profit only. Further in case of N K proteins Limited [2016] 72 taxmann.com 289 (Gujarat)/[2017] 292 CTR 354] during the course of search proceedings at the office premises of NKPL, blank signed cheque books and vouchers of number of concerns were found. Endorsed blank cheques of NKPL by these concerns were also found from the office premises of NKPL wherein the endorsement was on the back of the cheques. Blank bill books, letter heads and vouchers of t…

Aadit Metal Trade Pvt.Ltd., Mumbai vs. PCIT(Central)-3, Mumbai

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

ITA 983/MUM/2021[2011-12]Status: DisposedITAT Mumbai27 Oct 2021AY 2011-12
For Appellant: Shri V. K. Tulsian (AR)For Respondent: Shri Rajeev Harit (DR)
Section 143(1)Section 143(3)Section 147Section 148Section 263

…the following grounds: - “(i) The failure on part of the AO to disallow the total purchases made from Rajkamal Steel and Ballard Steel in accordance with the judicial pronouncement by the Hon’ble Supreme Court in the case of NK Proteins Ltd. Vs. DCIT (2017) (292 CTR 354 (SC) and the Hon’ble ITAT, Mumbai in the case of Pratibha Pipes & Structurals Ltd. DCIT (ITA. No.387/Mum/2015).” 5 A.Y. 2011-12 5. The assessee was aggrieved by this order, therefore, the assessee has filed the present appeal before us. 6. We have heard the argument advanced by the Ld. Representative of the parties and perused the record. The re…

Bgr Energy Systems Ltd, Chennai vs. ACIT, Central Circle 3(1), Chennai

In the result, appeals filed by the Revenue and cross objections filed by the assessee for all assessment years are dismissed

ITA 25/CHNY/2018[2013-14]Status: DisposedITAT Chennai23 Jun 2021AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 23, 24, 25 & 116/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Bgr Energy Systems The Acit, Ltd., V. Central Circle 3(1), Guna Complex 443, Anna Salai, Chennai. Chennai – 600 118. Pan: Aabcg 2202J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1510, 1511 & 1512/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 The Acit, Smt. Sasikala Raghupathy, Central Circle 3(1), V. (L/H Of Late B.G. Chennai -34. Raghupathy) New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent) Co Nos.: 97, 98 & 99/Chny/2018 (In Ita Nos.1510, 1511 & 1512/Chny/2018) िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Smt. Sasikala Raghupathy, The Acit, (L/H Of Late B.G. V. Central Circle 3(1), Raghupathy) Chennai -34. New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri Abani Kanta Nayak, CIT

…t the facts of the case laws relied upon by the assessee cannot be equated with facts of the present case. 17. However, facts of the present case are squarely covered by the decision of Hon’ble Supreme Court in the case of N.K. Proteins Ltd., vs. DCIT (2017) 292 CTR 354, where the Hon’ble Supreme Court has categorically held that once the Tribunal having come to a categorical finding that purchases from certain parties are bogus, it was not incumbent on it to restrict the disallowances to 25% of such purchases. Further, in the case before Hon’ble Supreme Court, the assessee was indulged in obtaining accommodatio…

Bgr Energy Systems Ltd, Chennai vs. ACIT, Central Circle 3(1), Chennai

In the result, appeals filed by the Revenue and cross objections filed by the assessee for all assessment years are dismissed

ITA 24/CHNY/2018[2012-13]Status: DisposedITAT Chennai23 Jun 2021AY 2012-13

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 23, 24, 25 & 116/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Bgr Energy Systems The Acit, Ltd., V. Central Circle 3(1), Guna Complex 443, Anna Salai, Chennai. Chennai – 600 118. Pan: Aabcg 2202J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1510, 1511 & 1512/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 The Acit, Smt. Sasikala Raghupathy, Central Circle 3(1), V. (L/H Of Late B.G. Chennai -34. Raghupathy) New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent) Co Nos.: 97, 98 & 99/Chny/2018 (In Ita Nos.1510, 1511 & 1512/Chny/2018) िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Smt. Sasikala Raghupathy, The Acit, (L/H Of Late B.G. V. Central Circle 3(1), Raghupathy) Chennai -34. New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri Abani Kanta Nayak, CIT

…t the facts of the case laws relied upon by the assessee cannot be equated with facts of the present case. 17. However, facts of the present case are squarely covered by the decision of Hon’ble Supreme Court in the case of N.K. Proteins Ltd., vs. DCIT (2017) 292 CTR 354, where the Hon’ble Supreme Court has categorically held that once the Tribunal having come to a categorical finding that purchases from certain parties are bogus, it was not incumbent on it to restrict the disallowances to 25% of such purchases. Further, in the case before Hon’ble Supreme Court, the assessee was indulged in obtaining accommodatio…

Bgr Energy Systems Ltd, Chennai vs. ACIT, Central Circle 3(1), Chennai

In the result, appeals filed by the Revenue and cross objections filed by the assessee for all assessment years are dismissed

ITA 23/CHNY/2018[2011-12]Status: DisposedITAT Chennai23 Jun 2021AY 2011-12

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 23, 24, 25 & 116/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Bgr Energy Systems The Acit, Ltd., V. Central Circle 3(1), Guna Complex 443, Anna Salai, Chennai. Chennai – 600 118. Pan: Aabcg 2202J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1510, 1511 & 1512/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 The Acit, Smt. Sasikala Raghupathy, Central Circle 3(1), V. (L/H Of Late B.G. Chennai -34. Raghupathy) New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent) Co Nos.: 97, 98 & 99/Chny/2018 (In Ita Nos.1510, 1511 & 1512/Chny/2018) िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Smt. Sasikala Raghupathy, The Acit, (L/H Of Late B.G. V. Central Circle 3(1), Raghupathy) Chennai -34. New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri Abani Kanta Nayak, CIT

…t the facts of the case laws relied upon by the assessee cannot be equated with facts of the present case. 17. However, facts of the present case are squarely covered by the decision of Hon’ble Supreme Court in the case of N.K. Proteins Ltd., vs. DCIT (2017) 292 CTR 354, where the Hon’ble Supreme Court has categorically held that once the Tribunal having come to a categorical finding that purchases from certain parties are bogus, it was not incumbent on it to restrict the disallowances to 25% of such purchases. Further, in the case before Hon’ble Supreme Court, the assessee was indulged in obtaining accommodatio…

ACIT Central Circle 3 (1), Chennai vs. Smt Sasikala Raghupathy L/H of Late B G Raghupathy, Chennai

In the result, appeals filed by the Revenue and cross objections filed by the assessee for all assessment years are dismissed

ITA 1512/CHNY/2018[2013-14]Status: PendingITAT Chennai23 Jun 2021AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 23, 24, 25 & 116/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Bgr Energy Systems The Acit, Ltd., V. Central Circle 3(1), Guna Complex 443, Anna Salai, Chennai. Chennai – 600 118. Pan: Aabcg 2202J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1510, 1511 & 1512/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 The Acit, Smt. Sasikala Raghupathy, Central Circle 3(1), V. (L/H Of Late B.G. Chennai -34. Raghupathy) New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent) Co Nos.: 97, 98 & 99/Chny/2018 (In Ita Nos.1510, 1511 & 1512/Chny/2018) िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Smt. Sasikala Raghupathy, The Acit, (L/H Of Late B.G. V. Central Circle 3(1), Raghupathy) Chennai -34. New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri Abani Kanta Nayak, CIT

…t the facts of the case laws relied upon by the assessee cannot be equated with facts of the present case. 17. However, facts of the present case are squarely covered by the decision of Hon’ble Supreme Court in the case of N.K. Proteins Ltd., vs. DCIT (2017) 292 CTR 354, where the Hon’ble Supreme Court has categorically held that once the Tribunal having come to a categorical finding that purchases from certain parties are bogus, it was not incumbent on it to restrict the disallowances to 25% of such purchases. Further, in the case before Hon’ble Supreme Court, the assessee was indulged in obtaining accommodatio…

ACIT Central Circle 3 (1), Chennai vs. Smt Sasikala Raghupathy L/H of Late B G Raghupathy, Chennai

In the result, appeals filed by the Revenue and cross objections filed by the assessee for all assessment years are dismissed

ITA 1511/CHNY/2018[2012-13]Status: DisposedITAT Chennai23 Jun 2021AY 2012-13

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 23, 24, 25 & 116/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Bgr Energy Systems The Acit, Ltd., V. Central Circle 3(1), Guna Complex 443, Anna Salai, Chennai. Chennai – 600 118. Pan: Aabcg 2202J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1510, 1511 & 1512/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 The Acit, Smt. Sasikala Raghupathy, Central Circle 3(1), V. (L/H Of Late B.G. Chennai -34. Raghupathy) New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent) Co Nos.: 97, 98 & 99/Chny/2018 (In Ita Nos.1510, 1511 & 1512/Chny/2018) िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Smt. Sasikala Raghupathy, The Acit, (L/H Of Late B.G. V. Central Circle 3(1), Raghupathy) Chennai -34. New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri Abani Kanta Nayak, CIT

…t the facts of the case laws relied upon by the assessee cannot be equated with facts of the present case. 17. However, facts of the present case are squarely covered by the decision of Hon’ble Supreme Court in the case of N.K. Proteins Ltd., vs. DCIT (2017) 292 CTR 354, where the Hon’ble Supreme Court has categorically held that once the Tribunal having come to a categorical finding that purchases from certain parties are bogus, it was not incumbent on it to restrict the disallowances to 25% of such purchases. Further, in the case before Hon’ble Supreme Court, the assessee was indulged in obtaining accommodatio…

ACIT Central Circle 3 (1), Chennai vs. Smt Sasikala Raghupathy L/H of Late B G Raghupathy, Chennai

In the result, appeals filed by the Revenue and cross objections filed by the assessee for all assessment years are dismissed

ITA 1510/CHNY/2018[2011-12]Status: DisposedITAT Chennai23 Jun 2021AY 2011-12

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 23, 24, 25 & 116/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Bgr Energy Systems The Acit, Ltd., V. Central Circle 3(1), Guna Complex 443, Anna Salai, Chennai. Chennai – 600 118. Pan: Aabcg 2202J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1510, 1511 & 1512/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 The Acit, Smt. Sasikala Raghupathy, Central Circle 3(1), V. (L/H Of Late B.G. Chennai -34. Raghupathy) New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent) Co Nos.: 97, 98 & 99/Chny/2018 (In Ita Nos.1510, 1511 & 1512/Chny/2018) िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Smt. Sasikala Raghupathy, The Acit, (L/H Of Late B.G. V. Central Circle 3(1), Raghupathy) Chennai -34. New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri Abani Kanta Nayak, CIT

…t the facts of the case laws relied upon by the assessee cannot be equated with facts of the present case. 17. However, facts of the present case are squarely covered by the decision of Hon’ble Supreme Court in the case of N.K. Proteins Ltd., vs. DCIT (2017) 292 CTR 354, where the Hon’ble Supreme Court has categorically held that once the Tribunal having come to a categorical finding that purchases from certain parties are bogus, it was not incumbent on it to restrict the disallowances to 25% of such purchases. Further, in the case before Hon’ble Supreme Court, the assessee was indulged in obtaining accommodatio…

Bgr Energy Systems Ltd, Chennai vs. ACIT, Central Circle 3(1), Chennai

In the result, appeals filed by the Revenue and cross objections filed by the assessee for all assessment years are dismissed

ITA 116/CHNY/2018[2014-15]Status: DisposedITAT Chennai23 Jun 2021AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 23, 24, 25 & 116/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Bgr Energy Systems The Acit, Ltd., V. Central Circle 3(1), Guna Complex 443, Anna Salai, Chennai. Chennai – 600 118. Pan: Aabcg 2202J (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1510, 1511 & 1512/Chny/2018 िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 The Acit, Smt. Sasikala Raghupathy, Central Circle 3(1), V. (L/H Of Late B.G. Chennai -34. Raghupathy) New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent) Co Nos.: 97, 98 & 99/Chny/2018 (In Ita Nos.1510, 1511 & 1512/Chny/2018) िनधा"रण वष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Smt. Sasikala Raghupathy, The Acit, (L/H Of Late B.G. V. Central Circle 3(1), Raghupathy) Chennai -34. New No.60, Old No.100, Iv Street, Abiramapuram, Chennai – 600 034. Pan: Aafpr 5779J (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri Abani Kanta Nayak, CIT

…t the facts of the case laws relied upon by the assessee cannot be equated with facts of the present case. 17. However, facts of the present case are squarely covered by the decision of Hon’ble Supreme Court in the case of N.K. Proteins Ltd., vs. DCIT (2017) 292 CTR 354, where the Hon’ble Supreme Court has categorically held that once the Tribunal having come to a categorical finding that purchases from certain parties are bogus, it was not incumbent on it to restrict the disallowances to 25% of such purchases. Further, in the case before Hon’ble Supreme Court, the assessee was indulged in obtaining accommodatio…

Asst. CIT 31 (2), Mumbai vs. M/S Manisha Construction Compnay, Mumbai

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

ITA 6452/MUM/2019[2009-10]Status: DisposedITAT Mumbai12 May 2021AY 2009-10

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadale

For Appellant: Shri Gurbindar Singh, DRFor Respondent: None
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No. 6452 & 6453/Mum/2019 (A.Ys: 2009-10 & 2011-12) ACIT – 31(2) Vs. M/s. Manisha Rm No. 616, 6th Floor, Constructions Co., Kautilya Bhavan BKC, 34 Savla Chawal, SV Bandra East, Mumbai. Road, Goregaon West, Mumbai – 400010. PAN/GIR No. : AABFM4710G Appellant .. Respondent Appellant by : Shri Gurbindar Singh, DR Respondent by : None Date of Hearing 12.05.2021 Date of Pronouncement 18.05.2021 आदेश / O R D E R PER PAVAN KUMAR GADALE, JM: These two appeals are filed b…

Income Tax Officer-15(2)(4), Mumbai vs. M/S. Precise Conchem Pvt. Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 5392/MUM/2019[2011-12]Status: DisposedITAT Mumbai16 Mar 2021AY 2011-12
For Appellant: Ms. Smita Verma, DRFor Respondent: Ms. Hiral Sejpal, AR

…not apply in the facts of the present case. The learned DR prayed for restoring 100% disallowance of bogus purchases. To buttress her contention, placed reliance on the decision of Hon’ble Supreme Court of India in the case of NK Proteins Ltd vs. DCIT (2017) 292 CTR 354 (SC). 3. On the other hand, Shri Hiral Sejpal appearing on behalf of the assessee vehemently supported the findings of the CIT(A). The learned AR submitted that during assessment proceedings, the assessee had furnished various documents viz. GRN, goods inspection report, lorry receipts, details of payments, invoices etc. The assessee was able to…