Sanjay Oilcake Industries v. CIT

316 ITR 274High Court2009#154 most cited

What is Sanjay Oilcake Industries v. CIT authority for?

In cases of alleged bogus or unverifiable purchases, rather than disallowing the entire purchase value, a reasonable profit element or a proportionate percentage of the purchases should be added back to the assessee's income.

460

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2011 to 2026.

Also referred to as

Sanjay Oilcake Industries · 316 ITR 274 · bogus purchases · unverifiable purchases · proportionate disallowance · profit element · section 68 · section 69B · section 131 · section 133A · estimation of income

Sections most often in play

Section 153ASection 68Section 131Section 133ASection 115BBESection 153CSection 69BSection 143(3)
Read the full judgment

Issues it is cited on

section 69bsection 292csection 292section 44absection 201section 69csection 133asection 29escapement of incomesection 145(3)section 131commissioner (appeals)

Judgments citing Sanjay Oilcake Industries v. CIT

Shri Chandan Dhingadmal Jain, Mumbai vs. Income Tax Officer Ward-19(1)(3), Mumbai

In the result, these appeals filed by the assessee stand dismissed

ITA 1307/MUM/2018[2011-12]Status: DisposedITAT Mumbai17 Oct 2018AY 2011-12

Bench: Shri Shamim Yahya, Am

For Appellant: NoneFor Respondent: Shri S. K. Bepari
Section 133(6)Section 139Section 143(1)Section 143(3)Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM I.T.A. Nos. 1307 & 1308/Mum/2018 (Assessment Years: 2010-11 & 2011-12) Shri Chandan Dhingadmal Jain The Income Tax Officer, Mehta Lodha & Co. Ward-19(1)(3), Chartered Accountants Matru Mandir, Mumbai Vs. 105, Sakar-I, Ashram Road, Ahmedabad-380 009 PAN/GIR No. ACRPJ 2592 B (Appellant) (Respondent) : Appellant by : None Respondent by : Shri S. K. Bepari : 15.10.2018 Date of Hearing : 17.10.2018 Date of Pronouncement O R D E R Per Shamim Yahya, A. M.: These appeals by the assessee are directed against the respective order of…

Dinesh S. Jain, Mumbai vs. Income Tax Officer 19(1)(4), Mumbai

The appeal of the assessee is partly allowed

ITA 1828/MUM/2018[2012-13]Status: DisposedITAT Mumbai11 Oct 2018AY 2012-13

Bench: Shri Joginder Singh, Assessment Year:2012-13

…the case of Vijay Proteins to the letter and enhanced the disallowance to 25 per cent. Thus, in both cases, the decision of the Commissioner (Appeals) as well as that of the Tribunal is based on estimate. This High Court in the case of Sanjay Oil Cake [2009] 316 ITR 274 (Guj) has held that whether an estimate should be at a particular sum or at a different sum can never be a question of law. 7. The apex court in the case of Kachwala Gems [2007] 288 ITR 10 (SC) has held that in a best judgment assessment there is always a certain degree of guess work. No doubt, the authorities should try to make an honest and fai…

Snehalata Ahnand Rane, Mumbai vs. Income Tax Officer-Ward 3(3), Kalyan

The appeals of the assessee are partly allowed

ITA 1787/MUM/2018[2011-12]Status: DisposedITAT Mumbai11 Oct 2018AY 2011-12

Bench: Shri Joginder Singh

Section 133(6)Section 139Section 142Section 143Section 143(3)Section 147Section 148Section 69C

…is concerned, before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no miscellaneous application. In the principal order the Tribunal has recorded the following findings:- "8.3. We have considered the rival submissions and perused the facts on record. In our opinion, the action of the Commiss…

Snehalata Ahnand Rane, Mumbai vs. Income Tax Officer-Ward 3(3), Kalyan

The appeals of the assessee are partly allowed

ITA 1786/MUM/2018[2010-11]Status: DisposedITAT Mumbai11 Oct 2018AY 2010-11

Bench: Shri Joginder Singh

Section 133(6)Section 139Section 142Section 143Section 143(3)Section 147Section 148Section 69C

…is concerned, before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no miscellaneous application. In the principal order the Tribunal has recorded the following findings:- "8.3. We have considered the rival submissions and perused the facts on record. In our opinion, the action of the Commiss…

Snehalata Ahnand Rane, Mumbai vs. Income Tax Officer-Ward 3(3), Kalyan

The appeals of the assessee are partly allowed

ITA 1785/MUM/2018[2009-10]Status: DisposedITAT Mumbai11 Oct 2018AY 2009-10

Bench: Shri Joginder Singh

Section 133(6)Section 139Section 142Section 143Section 143(3)Section 147Section 148Section 69C

…is concerned, before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no miscellaneous application. In the principal order the Tribunal has recorded the following findings:- "8.3. We have considered the rival submissions and perused the facts on record. In our opinion, the action of the Commiss…

Shri Dineshkumar C. Doshi, Mumbai vs. Income Tax Officer 19(1)(4), Mumbai

The appeals of the assessee are dismissed

ITA 1730/MUM/2018[2011-12]Status: DisposedITAT Mumbai11 Oct 2018AY 2011-12

Bench: Shri Joginder Singh

Section 133(6)Section 139Section 142Section 143Section 147Section 148

…Officer. 7. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts/Hon'ble Apex Court, so that we can reach to a proper conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the fo…

Ralf Jems P.Ltd, Mumbai vs. ITO WD 5(3)(1), Mumbai

The appeals of the assessee are dismissed

ITA 1574/MUM/2018[2009-10]Status: DisposedITAT Mumbai10 Oct 2018AY 2009-10

Bench: Shri Joginder Singh

…e on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the fo…

Shri Jayantilal K. Jain, Mumbai vs. Income Tax Officer-19(2)(1), Mumbai

The appeal of the assessee is dismissed

ITA 1288/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Oct 2018AY 2009-10

Bench: Shri Joginder Singh, Assessment Year: 2009-10 Shri Jayantilal K Jain, Income Tax Officer-19(2)(1), 35, Krishna Kunj, Kika Matru Mandir, बनाम/ Street, Gulalwadi, Tardeo Road, Vs. Mumbai-400004 Mumbai-400007 "नधा"रती / Assessee राज"व / Revenue P.A. No.Aajpj8095K

…on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of 3 Jayantilal K. Jain the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribun…

Shri Ramesh C.Shah, Mumbai vs. Income Tax Officer 19(3)(1), Mumbai

The appeals of the assessee are dismissed

ITA 1287/MUM/2018[2010-11]Status: DisposedITAT Mumbai09 Oct 2018AY 2010-11

Bench: Shri Joginder Singh

…the case of Vijay Proteins to the letter and enhanced the disallowance to 25 per cent. Thus, in both cases, the decision of the Commissioner (Appeals) as well as that of the Tribunal is based on estimate. This High Court in the case of Sanjay Oil Cake [2009] 316 ITR 274 (Guj) has held that whether an estimate should be at a particular sum or at a different sum can never be a question of law. 7. The apex court in the case of Kachwala Gems [2007] 288 ITR 10 (SC) has held that in a best judgment assessment there is always a certain degree of guess work. No doubt, the authorities should try to make an honest and fai…

Shri Ramesh C.Shah, Mumbai vs. Income Tax Officer 19(3)(1), Mumbai

The appeals of the assessee are dismissed

ITA 1286/MUM/2018[2011-12]Status: DisposedITAT Mumbai09 Oct 2018AY 2011-12

Bench: Shri Joginder Singh

…the case of Vijay Proteins to the letter and enhanced the disallowance to 25 per cent. Thus, in both cases, the decision of the Commissioner (Appeals) as well as that of the Tribunal is based on estimate. This High Court in the case of Sanjay Oil Cake [2009] 316 ITR 274 (Guj) has held that whether an estimate should be at a particular sum or at a different sum can never be a question of law. 7. The apex court in the case of Kachwala Gems [2007] 288 ITR 10 (SC) has held that in a best judgment assessment there is always a certain degree of guess work. No doubt, the authorities should try to make an honest and fai…

Nikhil R. Dharia, Mumbai vs. ACIT-19(2), Mumbai

The appeal of the assessee is partly allowed

ITA 1277/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Oct 2018AY 2009-10

Bench: Shri Joginder Singh, Assessment Year: 2009-10 Nikhil R Dharia, Acit-19(2), B-7, Utkarsh Tilak Nagar, Matru Mandir, बनाम/ V. P. Road, Tardeo Road, Vs. Mumbai-400004 Mumbai-400007 "नधा"रती / Assessee राज"व / Revenue P.A. No.Addpd8065A

Section 51

…goods. In that view of the matter, as natural corollary, not the entire amount covered under such purchase, but the profit element embedded therein would be subject to tax. This was the view of this court in the case of Sanjay Oilcake Industries v. CIT [2009] 316 ITR 274 (Guj). Such decision is also followed by this court in a judgment dated August 16, 2011, in Tax Appeal No. 679 of 2010 in the case of CIT v. Kishor Amrutlal Patel. In the result, tax appeal is dismissed.” 4.4. Likewise, the Hon'ble Gujarat High Court in CIT vs Vijay M. Mistry Construction Ltd. (2013) 355 ITR 498 (Guj.) held/observed as under:-…

Dhiraj Babulal Jain, Mumbai vs. Income Tax Officer 19(1)(4), Mumbai

The appeal of the assessee is dismissed

ITA 1827/MUM/2018[2010-11]Status: DisposedITAT Mumbai08 Oct 2018AY 2010-11

Bench: Shri Joginder Singh, Assessment Year: 2010-11

Section 147

…on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the fo…

Mukesh P. Jain, Mumbai vs. Income Tax Officer 19(2)(3), Mumbai

The appeal of the assessee is dismissed

ITA 1826/MUM/2018[2009-10]Status: DisposedITAT Mumbai08 Oct 2018AY 2009-10

Bench: Shri Joginder Singh, Assessment Year: 2009-10

Section 147

…on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the fo…

Mr.Piraram Chouhan, Mumbai vs. Income Tax Officer 19(2)5, Mumbai

The appeals of the assessee are dismissed

ITA 1723/MUM/2018[2010-11]Status: DisposedITAT Mumbai08 Oct 2018AY 2010-11

Bench: Shri Joginder Singh

…e on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the fo…

Mr.Piraram Chouhan, Mumbai vs. Income Tax Officer 19(2)5, Mumbai

The appeals of the assessee are dismissed

ITA 1722/MUM/2018[2009-10]Status: DisposedITAT Mumbai08 Oct 2018AY 2009-10

Bench: Shri Joginder Singh

…e on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the fo…

M/S.Diamex Sourcing Private Limited, Mumbai vs. Income Tax Officer 5(1)(3), Mumbai

The appeal of the assessee is dismissed

ITA 1245/MUM/2018[2013-14]Status: DisposedITAT Mumbai08 Oct 2018AY 2013-14

Bench: Shri Joginder Singh, Assessment Year: 2013-14

…on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of 3 M/s Diamex Sourcing Private Limited, the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principa…

P S Auto Private Limited, Mumbai vs. ACIT Circle-3, Thane

The appeal of the assessee is partly allowed

ITA 1244/MUM/2018[2009-10]Status: DisposedITAT Mumbai08 Oct 2018AY 2009-10

Bench: Shri Joginder Singh, Assessment Year: 2009-10

Section 147Section 69C

…on record. Before adverting further, I deem it appropriate to consider various decisions from Hon'ble High Courts / Hon'ble Apex Court, so that I can reach to a fair conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs. CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the fo…

ACIT 19(2), Mumbai vs. K.P. Sanghavi & Sons, Mumbai

In the result, both appeal of the Revenue and Cross Objection of the assessee are dismissed

ITA 2455/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Sept 2018AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blea.C.I.T Circle – 19(2) V. M/S. K.P. Sanghvi & Sons Llp Room No. 207, {Formerly Known As M/S. K.P. Sanghvi & Sons} Gw-7011/7012, Mathru Mandir, Bharat Diamond Bourse, Mumbai – 400 007 Bandra Kurla Complex, Bandra (E), Mumbai – 400 051 Pan: Aaafk 8390 F (Appellant) (Respondent) Co No.237/Mum/2018 (A.Y: 2011-12) [Arising Out Of Ita No.2455/Mum/2017] M/S. K.P. Sanghvi & Sons Llp V. A.C.I.T Circle – 19(2) {Formerly Known As M/S. K.P. Sanghvi & Sons} Room No. 207, 2Nd Floor Gw-7011/7012, Mathru Mandir, Tardeo Bharat Diamond Bourse, Road, Mumbai – 400 007 Bandra Kurla Complex, Bandra (E), Mumbai – 400 051 Pan: Aaafk 8390 F (Appellant) (Respondent) Assessee By : Shri Aditya R. Ajgaonkar Department By : Shri Manoj Kumar Singh

For Appellant: Shri Aditya R. AjgaonkarFor Respondent: Shri Manoj Kumar Singh

…to tax and only the profit element embedded therein was to be 4 CO NO.237/MUM/2018 (A.Y: 2011-12) M/s. K.P. Sanghvi & Sons LLP taxed. While coming to the above conclusion, the Hon'ble High Court also relied on the decision in the case of Sanjay Oil Cake Ind. 316 ITR 274 (Guj). 7.11 In Sanjay Oilcake Industries v. Commissioner of Income-tax [2009] 316 ITR 274 (Guj), it was held as under: - "12. Thus, it is apparent that both the Commissioner (Appeals) and the Tribunal have concurrently accepted the finding of the Assessing Officer that the apparent sellers who had issued sale bills were not traceable. That goods…

Nikunj Yogesh Vora, Mumbai vs. Income Tax Officer 19(2)(4), Mumbai

In the result, appeal filed by the assessee is hereby ordered to be partly allowed

ITA 1852/MUM/2018[2011-12]Status: DisposedITAT Mumbai26 Sept 2018AY 2011-12

Bench: Shri B. R. Baskaran, Am & Shri Amarjit Singh, Jm

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri N. Hemalatha (Sr. AR)
Section 143(1)Section 143(2)Section 147Section 148Section 234B

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI B. R. BASKARAN, AM AND SHRI AMARJIT SINGH, JM I.T.A. No.1852/M/2018 (Assessment Years: 2011-12) Shri Nikunj Yogesh Vora Vs. ITO, 19(2)(4) Room No.21, D.S. Kapol Room No.217, 2nd Floor, Niwas, S.V.P. Road, 4th Matru Mandir, Tardeo Khetwadi, Girgaon, Mumbai- Road, Mumbai-400007. 400004. स्थायीलेखासं./जीआइआरसं./PAN/GIR No. : AFGPV4725H (Appellant) .. (Respondent) Assessee by: Shri Neelkanth Khandelwal Department by: Shri N. Hemalatha (Sr. AR) Date of Hearing: 28.06.2018 Date of Pronouncement: 26.09.2018 O R D E R PER AMARJIT SINGH, JM: The assess…

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

The appeal of the assessee is partly allowed

ITA 499/MUM/2018[2011-12]Status: DisposedITAT Mumbai25 Sept 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2011-12 M/S Pushpak Auxichem Pvt. Income Tax Officer Ltd. Ward-1(3), बनाम/ 241/Business-2, Kasturi Mohan Plaza, 1St Floor, Vs. Plaza, 2Nd Floor, Manpada Wayle Nagar, Road, Dombivali (East), Khadak Pada, Thane-421201 Kalyan-421301 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aabcp0099E

Section 148

…Tribunal. 5. Before adverting further, we deem it appropriate to consider various decisions from Hon'ble High Courts/Hon'ble Apex Court, so that we can reach to a proper conclusion. The Hon'ble Gujarat High Court in Sanjay Oilcakes Industries vs CIT (2009) 316 ITR 274 (Guj.) held as under:- “11. Having heard the learned advocates appearing for the respective parties, it is apparent that no interference is called for in the impugned order of the Tribunal dated April 29, 1994, read with the order dated September 29, 1994, made in miscellaneous application. In the principal order the Tribunal has recorded the f…