Sanjay Oilcake Industries v. CIT

DCIT Cir. 13(1)(2), Mumbai vs. P-Cube Construction Pvt. Ltd., Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2009-10 Dcit, M/S P-Cube Construction Circle-13(1)(2), Private Ltd. बनाम/ Room No.218, 02Nd Floor, 1/A/101, Umiya Nagar, Vs. Aayakar Bhavan, M. K. Road, Visheshwar Nagar Road, Mumbai-400020 Off Aarey Road, Goregaon (East), Mumbai-400054 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aadcp9320N

…cts of the present appeals before us, 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 fo…

Reliant Pipes & Tubes P. Ltd, Mumbai vs. ITO 5(3)(1), Mumbai

In the result, this appeal filed by the assessee stands dismissed

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.3383/Mum/2017 ("नधा"रण वष" / Assessment Year: 2011-12) Reliant Pipes & Tubes Pvt. Ltd. Ito-5(3)(1), बनाम/ 3/5, Ground Floor, Sakar Bhavan, Aayakar Bhawan, 6Th Khetwadi Lane, Mumbai-400 020 Vs. Mumbai-400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aadcr 8444 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Ms. Hemalatha सुनवाई क" तार"ख / : 31.08.2017 Date Of Hearing घोषणा क" तार"ख / : 01.11.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-10, Mumbai (‘Cit(A)’ For Short) Dated 20.01.2017 & Pertains To The Assessment Year (A.Y.) 2011-12. 2. The Grounds Of Appeal Read As Under:

…cided on 06.04.2015 by the Supreme Court has dismissed the SLP confined the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T, Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments.” 15. Although, the discussion hereinabove calls for a higher disallowance. I note that this is not an appeal by the Revenue. Hence it will not be appropriate to take…

Meru Impex, Mumbai vs. Asst CIT Cir 17(2), Mumbai

In the result, this appeal filed by the assessee stands partly allowed

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No. 2660/Mum/2017 ("नधा"रण वष" / Assessment Year: 2007-08) M/S. Meru Impex Acit-Circle 17(2), बनाम/ 15, 1St Floor, Agiary Lane, Aayakar Bhavan, Osman Manzil, 2Nd Floor, M. K. Road, Mumbai-400 020 Vs. Mumbai-400 003 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafm 6289 K (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Shri T. A. Khan सुनवाई क" तार"ख / : 17.10.2017 Date Of Hearing घोषणा क" तार"ख / : 01.11.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals)-28, Mumbai (‘Cit(A)’ For Short) Dated 19.01.2017 & Pertains To The Assessment Year (A.Y.) 2007-08. 2. The Issue Raised Is That The Ld. Cit(A) Erred In Sustaining Disallowance Of 10% Of Bogus Purchase Amounting To Rs.4,99,55,341/-.

…on 06.04.2015 whereby the Supreme Court has dismissed the SLP confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments. 11. However, we find that in this case the sales have not been doubted. It is settled law that when sales are not doubted, 100% disallowance for bogus purchase ca…

Amity Leather International, Mumbai vs. ACIT Range - 3, Thane

In the result, appeal of the assessee is partly allowed

Bench: Shri P.K. Bansal, Vice- & Shri Pawan Singhm/S Amity Leather International Acit, Cir-Palghar. Saphale, 201-E, Gurukrupa Co-Op Palghar. Hsg, Opp. Plaza Cinema, Dadar Vs. (W), Mumbai-400028. Pan: Aaefa7271K (Appellant) (Respondent)

…he aggregate of purchases from both the parties. On appeal before the ld. CIT(A), the disallowance was restricted to 25% of the purchases. The ld. CIT(A) sustained the addition @ 25% on the basis of decision in (i) Sanjay Oil Cake Industries Vs. CIT (2008) 316 ITR 274 (Guj) (ii) Vijay Proteins Ltd. Vs ACIT 58 ITD 428 (Abd) (iii) M/s Nand Kishore Meghraj Jewellers, 3 ITA No. 4692/M/2016- M/s Amity Leather International Saphale Jaipur Co. No. 105/JP/09 arising out of ITA No. 433/JP/2009 by ITAT Jaipur & (iv) M/s. Trident Jewellers ITAT Jaipur ITA No. 552/JP/2013. 5. We have seen that the AO while passing th…

Mithalal D Mutha, Mumbai vs. ITO WD 16(3)(1), Mumbai

The appeal of the assessee is dismissed as already a justified view has been taken by the Ld

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2009-10

…rting 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 38 Shri Mithalal D Mutha 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…

ITO 27(2)(1), Navi Mumbai vs. Kaushal R. Sheth, Mumbai

In the result, appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Bleincome Tax Officer – 27(2)(1) V. Shri Kaushal R Sheth 4Th Floor, Tower No.6 Prop M/S. Paras Enterprises, Vashi Railway Station Complex Printers & Stationers, Vashi, Navi Mumbai – 400 703 House No.104, Bldg No.1/C, Mhada, Laxminagar, Ghatkopar(E) Mumbai - 75

…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." Kaushal R.Sheth g. In view of the facts and circumstances and the judicial pronouncements cited above, what can be disallowed or taxed in the in…

Kaushal Rajesj Sheth, Mumbai vs. ITO 15(3)(1), Mumbai

In the result, appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Bleincome Tax Officer – 27(2)(1) V. Shri Kaushal R Sheth 4Th Floor, Tower No.6 Prop M/S. Paras Enterprises, Vashi Railway Station Complex Printers & Stationers, Vashi, Navi Mumbai – 400 703 House No.104, Bldg No.1/C, Mhada, Laxminagar, Ghatkopar(E) Mumbai - 75

…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." Kaushal R.Sheth g. In view of the facts and circumstances and the judicial pronouncements cited above, what can be disallowed or taxed in the in…

Etesh Prakash Jain (HUF), Bhiwandi vs. ITO, WD-1(1), Kalyan

In the result, appeal of revenue is dismissed whereas appeal of assessee is allowed in part

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm Ito Wd 1(1), Vs. Etesh P. Jain Huf It Office, 1St Floor, Mohan M/S. Shree Darshan Pipes, Plaza, Wayale Nagar 331/5, Surya Darshan Kalyan West, Building, Kasar Ali Kalyan Gokul Nagar Bhiwandi – 421 302 Pan/Gir No. Aaahe1478G Appellant) .. Respondent) Etesh P. Jain Huf Vs. Ito Wd 1(1), It Office, 1St Floor, Mohan M/S. Shree Darshan Pipes, 331/5, Surya Darshan Plaza, Wayale Nagar Building, Kasar Ali Kalyan West, Gokul Nagar Kalyan Bhiwandi – 421 302 Pan/Gir No. Aaahe1478G Appellant) .. Respondent) Revenue By Ms. Arju Garodia Assessee By Shri A.T.Jain

…h P Jain HUF, Bhiwandi whether the resultant gross profit is higher than the gross profit normally shown in the earlier years." 25% disallowance of bogus / unverifiable purchases had been upheld in following cases (1) Sanjay Oil Cake Industries Vs CIT (2008) 316 ITR 274 (Guj) . - (2) Vijay Proteins Ltd Vs ACIT 58 ITD 428 (Abad) (3) M/s Nand Kishore Meghraj Jewellers, Jaipur CO. No. 105/JP/09 arising out ofITANo.433/JP/2009byITATJaipur (4) M/s. Trident Jewellers ITAT Jaipur ITA No. 552/JP/2013 Disallowance (a), 25% out of Bogus purchases, held as a reasonable in the case of Viiav Proteins Ltd., in view of the f…

Shree Chemtech Marketing P.Ltd, Mumbai vs. ITO 15(3)(3), Mumbai

In the result, this appeal filed by the assessee stands dismissed

…smissed the SLP confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of 10 Shree Chemtech Marketing Pvt. Ltd. vs. ITO Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments. 17. However, I note that this is not an appeal by the revenue. Hence it will not be appropriate to take away the relief already granted by the revenue to the assess…

Sumit M. Malhotra, Kalyan vs. ITO 3(4), Mumbai

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

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. Nos. 6697 & 6698/Mum/2016 ("नधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Mr. Sumit M. Malhotra Income-Tax Officer 3(4), Rani Mansion, 2Nd Floor, C/O. M/S. S. M. Steel Traders बनाम/ 702, “A” Wing, Archies Apartment, Murbad Road, Vs. Oak Baug, Near Railway Station, Kalyan (W) – 421 301 Kalyan (W) – 421 301 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaypm 8541 J (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Shri V. Justin

…on 06.04.2015 whereby the Supreme Court has dismissed the SLP confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments. 17. However, we note that this is not an appeal by the Revenue. Hence, it will not be appropriate to take away the relief already granted by the revenue to the asse…

DCIT Circle - 3, Thane vs. Shivram Narayan Kelkar, Thane

In the result, departmental appeal is dismissed

Bench: Shri D.T. Garasia & Shri Manoj Kumar Aggarwalassessment Year: 2010-11 Deputy Commissioner Of Shri Shivram Narayan Income Tax, Kelkar, Circle-3, Room No.02, Prop. Of M/S. Omega Lab 6Th Floor, Ashar It Park, Vs. Chemical, 1St Floor, Sanyog, B-Wing, Wagle Indl. Estate, Ghantali Temple, Thane (W)-400 604 Thane (W) – 400 602 Pan: Abcpk 1719R (Appellant) (Respondent)

…ppellant’s business, being manufacturer of laboratory chemicals. In this regard the reliance is placed on the ratio, laid down in the case of Vijay Proteins Ltd Vs ACIT 58 ITD 428 (Abad), Sanjay Oil 3 Shri Shivram Narayan Kelkar Cake Industries Vs CIT (2008) 316 ITR 274 (Guj) etc. as above. Accordingly, the disallowance of Rs.28,13,059/- (25% of Rs.1,12,52,235/-), out of hawala purchases of Rs.1,12,52,235/-, is sustained and balance amount of Rs.84,39,176/-, is hereby deleted. All the grounds of appeal are disposed off accordingly.” 5. No one has appeared on behalf of the assessee. Ld. D.R. relied upon the decis…

DCIT Cen Cir 2(3), Mumbai vs. Hi Point Services (India) P.Ltd, Mumbai

The appeals of the Revenue are partly allowed for

Bench: Shri Joginder Singh & Shri Rajesh Kumar

…acts of the present appeals before us, 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 fo…

ITO 19(2)(5), Mumbai vs. Pushpak Metal Industries, Mumbai

In the result, this appeal filed by the Revenue stands dismissed

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No. 2508/Mum/2017 ("नधा"रण वष" / Assessment Year: 2011-12) Ito-19(2)(5), M/S. Pushpak Metal Industries बनाम/ 2Nd Floor, Matru Mandir, Office No. 13, 2Nd Floor, 16 Khatri Bldg., 2Nd Carpenter Tardeo Road, Mumbai-400 007 Vs. Street Cp Tank, Mumbai-400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aalfp 8826 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri/Smt. N. Hemlatha ""यथ" क" ओर से/Respondent By : None सुनवाई क" तार"ख / : 09.10.2017 Date Of Hearing घोषणा क" तार"ख / : 10.10.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Is An Appeal By The Revenue Directed Against The Order By The Commissioner Of Income Tax (Appeals)-29, Mumbai (‘Cit(A)’ For Short) Dated 19.01.2017, Pertaining To The Assessment Year (A.Y.) 2011-12. 2. In This Appeal, The Revenue Is Aggrieved That The Ld. Cit(A) Has Not Sustained 100% Disallowance On Account Of Bogus Purchases. The Grounds Of Appeal Read As Under:-

…आयकर अपील"य अ"धकरण “एक-सद"य मामला” "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI "ी शमीम याहया, लेखा सद"य के सम" । BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No. 2508/Mum/2017 ("नधा"रण वष" / Assessment Year: 2011-12) ITO-19(2)(5), M/s. Pushpak Metal Industries बनाम/ 2nd Floor, Matru Mandir, Office No. 13, 2nd Floor, 16 Khatri Bldg., 2nd Carpenter Tardeo Road, Mumbai-400 007 Vs. Street CP Tank, Mumbai-400 004 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. AALFP 8826 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant by : Shri/Smt. N. Hemlatha ""यथ"…

Asst CIT 19(1), Mumbai vs. Hbs Mall Nahur, Mumbai

In the result, this appeal filed by the Revenue stands dismissed

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

…entire, amount covered under such purchase would not be subjected to tax and only the profit element embedded therein was to be 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). 6.9 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 w…

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

…facts of the present appeal before us, 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…

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

…facts of the present appeal before us, 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 fo…

ITO 6(3)(3), Mumbai vs. Jostars Orogotech P.Ltd, Mumbai

In the result, this appeal by the Revenue stands partly allowed and cross objection by the assessee stands dismissed

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

…cided on 06.04.2015 by the Supreme Court has dismissed the SLP confined the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T, Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments.” 16. We further find that Hon’ble jurisdictional High Court in the case of Niraj Eximp Enterprises has held that when sales are not doubted 100% disallowance for bog…

Manish D. Mandhania, Mumbai vs. Asst CIT 33(2), Mumbai

In the result, this appeal filed by the assessee stands dismissed

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

…It is noted that only profit element is liable to tax in such cases as was held in the case of: 1. CIT vs Bholanath Poly Fab Ltd. (2013) 355 ITR 290 (Guj) (HC) 2. CIT vs Simit P. Sheth (2013) 356 ITR 451 (Guj) (HC) 3. CIT vs Sanjay Oil Cake Industries (2009) 316 ITR 274 (Guj) (HC) 4. ITO vs Permanand (2007) 107 TTJ 395 0d) (Trib.) 5. Shri Madhukant B. Gandhi vs ITO ITA No. 1950/M/2009 Bench 'B' dt. 23-02-2010 (AY 2005-06) (Mum.) (Trib.) 5 ITA No.1211/Mum/2017. Shri Manish D.Mandhania. 6. Sanjeev Woolen Mills vs CIT (2005) 279 ITR 434 (SC) In view of the above discussion, it is seen that the addition made by the…

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

The appeals of the assessee are dismissed

Bench: Shri Joginder Singh & Shri G. Manjunatha

…cts of the present appeals before us, 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 fo…

Nitin Avantilal Doshi, Mumbai vs. CIT (A)32, Mumbai

In the result, this appeal filed by the assessee stands dismissed

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No. 730/Mum/2015 ("नधा"रण वष" / Assessment Year: 2011-12) Nitin Avantilal Doshi Cit(A)-32, बनाम/ Gala No.3 To 5, Plot No. 13-A, Mumbai Magazine Street, Darukhana, Reay Vs. Road Rly Station, Mumbai-400 010 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabpd 1214 A (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Shri Ram Tiwari सुनवाई क" तार"ख / : 07.09.2017 Date Of Hearing घोषणा क" तार"ख / : 03.10.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against Order Of Learned Cit(A)-32, Mumbai Dated 06.01.2015 & Pertains To Assessment Year 2011-12. 2. The Issue Raised Is That The Ld. Cit(A) Erred In Sustaining Disallowance Of 12.5% Of Bogus Purchase Amounting To Rs.23,13,873/-.

…on 06.04.2015 whereby the Supreme Court has dismissed the SLP confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 8 Nitin Avantilal Doshi vs. CIT(A) (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments. 14. However, we note that this is not an appeal by the Revenue. Hence, it will not be appropriate to take away the relief alrea…