How many judgments cite Sanjay Oilcake Industries v. CIT?

460 judgments on BharatTax cite Sanjay Oilcake Industries v. CIT (316 ITR 274), spanning 2011 to 2026.

Which sections of the Income Tax Act does Sanjay Oilcake Industries v. CIT come up under?

It is most often cited in judgments turning on Section 153A, Section 68, Section 131, Section 133A, Section 115BBE, Section 153C.

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 367,154 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 153A Section 68 Section 131 Section 133A Section 115BBE Section 153C Section 69B Section 143(3)

Read the full judgment

Issues it is cited on

section 69b section 292c section 292 section 44ab section 201 section 69c section 133a section 29 escapement of income section 145(3)section 131 commissioner (appeals)

Judgments citing Sanjay Oilcake Industries v. CIT

The ITO, Ward-1(2)(3), Ahmedabad vs. Mohammedarif Ibrahimbhai Shaikh, Ahmedabad

ITA 1115/AHD/2019[2012-13]Status: DisposedITAT Ahmedabad31 May 2022AY 2012-13

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

For Appellant: Shri Vijaykumar Jaiswal, CIT DR &For Respondent: Shri Dushyant Maharshi, A.R

Section 143(3)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD [CONDUCTED THROUGH VIRTUAL AT AHMEDABAD] BEFORE SHRI PRAMOD M JAGTAP, VICE PRESIDENT & Ms. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. No. 1115/Ahd/2019 (Assessment Year: 2012-13) ITO Vs. Mohammedarif Ibrahimbhai Ward-1(2)(3), Shaikh, Prop. of M/s. I.K. Ahmedabad International, House No. 314, Baitul Ibrahim, Kagdiwad, Ellisbridge, Ahmedabad-380006 [PAN No. AHEPS2816H] (Appellant) .. (Respondent) C.O. No. 10/Ahd/2022 (in ITA No. 1115/Ahd/2019) (Assessment Year: 2012-13) Mohammedarif Ibrahimbhai Shaikh Vs. ITO House No. 314, Baitul Ibrahim, Ward-1(2)(3), Kagdiwa…

ITO, Ward-4(4), Thane vs. Shri Zaheerahmed Khatizama Khan, Thane

ITA 183/MUM/2021[2009-10]Status: DisposedITAT Mumbai27 May 2022AY 2009-10

Bench: Shri Balaganesh & Shri Kuldip Singhassessment Year: 2009-10

For Appellant: NoneFor Respondent: Shri Rajat Mittal, D.R

Section 144Section 147

…g the cost of purchase from sales, otherwise it would amount to levy of income tax on gross receipts or sales. of the Hon'ble Gujarat HC in the case of Vijay Protein and other decisions of the Guiarat HC in the case of Sanjay Oilcake Industries Vs. CIT (2009) 316 ITR 274 and N.K industries Ltd. Vs. DCIT. 6.2 Disallowance @ 25% out of Bogus purchases was held as reasonable in the case of Vijay Proteins Ltd. by the 5 Shri Zaheerahmed Khatizama Khan Hon'ble Gujarat High Court, in view of the fact that the savings occurred to the suppliers on account of sales tax, duties and income-tax, by buying the goods from grey…

DCIT 9(2)(1), Mumbai vs. M/S B. Chopda Construction P. Ltd., Mumbai

In the result, the appeal of the appellant is Partly Allowed

ITA 1513/MUM/2020[2011-12]Status: DisposedITAT Mumbai22 Feb 2022AY 2011-12

Bench: Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1513/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Dcit-9(2)(1) बिधम/ M/S. B. Chopda Construction Room No.665A, 6Th Floor, Pvt. Ltd. Vs. Aayakar Bhavan, A-208, Sagar Tech Plaza, Churchgate, Mumbai- Sakinaka Junction, Andheri, 400020. Mumbai-400072. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb4214G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mohan Tandon Revenue By: Shri Himanshu Sharma (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 14/12/2021 घोषणा की तारीख /Date Of Pronouncement: 22/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 27.12.2019 Passed By The Commissioner Of Income Tax (Appeals) -16, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - “11. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Justified In Restricting The Suppressed Profit To The Extent Of 12.50% Of Bogus Purchases, When The Assessee Could Not Produce Any Parties Or Evidence That The Said Goods Were Purchased A.Y.2012-13 & The Onus Of Proving Genuineness Of Purchases Was Not Discharged By The Assessee.

For Appellant: Shri Mohan TandonFor Respondent: Shri Himanshu Sharma (Sr. AR)

Section 133(6)Section 143(2)Section 147

…sessee had failed to discharge the onus to prove the genuineness of the transactions, mere mentioning of section 68 did not affect the addition made when transactions were found bogus. 6.2.20 In Sanjay Oilcake Industries vs. Commissioner of Income-tax (2009] 316 ITR 274 (Guj), it was held as under: 20 A.Y.2012-13 "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 were received from the parties other than the persons who had issued bills f…

ITO, Ward-4(1), Thane vs. Shri Akshay Anil Sawant, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 420/MUM/2021[2009-10]Status: DisposedITAT Mumbai17 Dec 2021AY 2009-10

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 420 To 422/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2009-10, 2010-11 & 2011-12) Ito Ward-4(1), Thane बिधम/ Shri Akshay Anil Sawant Room No.03, A- Wing 6Th Prop M/S. Akshay Plastics, 12, Vs. Floor, Ashar It Park, Wagle Sarang Industrial Estate, Industrial Estate, Thane(W)- Navghar Road, Vasai (E)- 400604. 401210. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Bhgps4851P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Prasoon Kabra (Dr) Assessee By: Shri Vinay Bhoir (Ar) सुनवाई की तारीख / Date Of Hearing: 22/11/2021 घोषणा की तारीख /Date Of Pronouncement: 17/12/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -03, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys.2009- 10 To 2011-12. Ita. No.420/Mum/2021 2. The Revenue Has Filed The Present Appeal Against The Order Dated 25.02.2020 Passed By The Cit(A)-03, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2009-10. 3. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Vinay Bhoir (AR)For Respondent: Shri Prasoon Kabra (DR)

Section 133(6)Section 143(2)Section 148

…rder dated 6.4.2015, dismissed the SLP filed by the assessee and confirmed the finding of the Hon'ble Gujarat HC in the case of Vijay Protein and A.Ys.2009-10 to 2011-12 other decisions of the Gujarat HC in the case of Sanjay Oilcake Industries Vs. CIT (2009) 316 ITR 274 and N.K Industries Ltd. Vs. DCIT. 5.3 Considering the facts of case and in view of various decisions as discussed above, it is held that the appellant has made sales so the purchases cannot be totally bogus. Therefore 25% of the bogus purchases, ie. Rs.1,21,102/-, out of total purchases of Rs. 4,84,406/may be added to the income of the appellant.…

Shree Sudhakar Pandey, Sonbhedra vs. ACIT Range-III, Mirzapur

In the result, the appeal of the assessee is dismissed

ITA 7/ALLD/2021[2014-15]Status: DisposedITAT Allahabad15 Dec 2021AY 2014-15

Bench: Shri.Vijay Pal Raoassessment Year: 2014-15 Shree Sudhakar Pandey, Civil Line, V Acit, Robertsganj, Sonebhadra, Uttar Pradesh- . Range-Iii, Mirzapur, U.P. 231216 Pan-Alds03711B (Appellant) (Respondent) Appellant By: Sh. Ashish Bansal, Adv Respondent By: Mr. A.K. Singh, Sr. Dr Date Of Hearing: 07/12/2021 Date Of Pronouncement: 17/12/2021 O R D E R

For Appellant: Sh. Ashish Bansal, AdvFor Respondent: Mr. A.K. Singh, Sr. DR

Section 44A

…the estimate is question of fact as per the ratio laid down in the cases of Commissioner (Custom) vs. Stoneman Marble [(2011) 2 SCC 758], Vijay K. Talwar vs. CIT [(2011) 1 SCC 673]; New Plaza Restaurant vs. ITO [309 ITR 259 (HP)]; and Sanjay Oil Cake vs. CIT [316 ITR 274 (Gujarat)]. 26. In the instant cases, when the books of accounts were rejected, then the assessee is not entitled for the depreciation separately on the same set of books of accounts which have no value after its rejection. Hence, we modify the impugned order passed by the Tribunal pertaining to the addition and direct that the depreciation will…

ITO Ward- 4(1), Thane vs. Shri Bhushan P. Naik, Thane

In the result, appeals of the Revenue are dismissed

ITA 430/MUM/2021[2011-12]Status: DisposedITAT Mumbai25 Nov 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: NoneFor Respondent: Abdul Hakkem

Section 133(6)Section 145(3)

…a parties. Accordingly, the book result of the appellant is rejected u/s. 145(3) of the Act. The disallowance 25% out of unverifiable purchases from unverifiable/Hawala dealer had been upheld in the aforesaid case: (1) Sanjay Oil Cake Industries Vs CIT (2008) 316 ITR 274 (Guj) (2) Vijay Proteins Ltd Vs ACIT 58 ITD 428 (Abd) (3) M/s Nand Kishore Meghraj Jewellers, Jaipur Co. No. 105/JP/09 arising out of ITA No. 433/JP/2009 by ITAT Jaipur (4) M/s. Trident Jewellers ITAT Jaipur ITA No. 552/JP/2013. In view of the above stated facts, the disallowance @ 25% of Rs.3,29,596/-works out at Rs. 82,399/- is sustained and th…

ITO Ward- 4(1), Thane vs. Shri Bhushan P. Naik, Thane

In the result, appeals of the Revenue are dismissed

ITA 429/MUM/2021[2010-11]Status: DisposedITAT Mumbai25 Nov 2021AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: NoneFor Respondent: Abdul Hakkem

Section 133(6)Section 145(3)

ITO Ward- 4(1), Thane vs. Shri Bhushan P. Naik, Thane

In the result, appeals of the Revenue are dismissed

ITA 428/MUM/2021[2009-10]Status: DisposedITAT Mumbai25 Nov 2021AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: NoneFor Respondent: Abdul Hakkem

Section 133(6)Section 145(3)

ITO Ward-1(1), Kalyan vs. Shri Kantilal Kachara Gada, Kalyan

Appeal is partly allowed

ITA 2018/MUM/2020[2009-10]Status: DisposedITAT Mumbai03 Nov 2021AY 2009-10

Bench: Shri C.N. Prasad, Hon'Bleincome Tax Officer – 1(1) V. Shri Kantilal Kachara Gada 1St Floor, Mohan Plaza A-202, H.No. 1164 Wayale Nagar, Kalyan (W) Green Acre Society Mumbai - 421301 Behind Ostwal Sagar Hall Bhiwandi - 421302 Pan: Ackps4697P (Appellant) (Respondent) None Assessee By : Department By Shri Sanjay J. Sethi

For Appellant: Department by Shri Sanjay J. Sethi

Section 133(6)Section 143(1)Section 147

…le Supreme Court, vide order dated 6.4.2015, dismissed the SLP filed by the assessee and confirmed the finding of the Hon'ble Gujarat HC in the case of Vijay Protein and other decisions of the Gujarat HC in the case of Sanjay Oilcake Industries Vs. CIT (2009) 316 ITR 274 and N.K Industries Ltd. Vs. DCIT. 7.2 Considering the facts of case and in view of various decisions as discussed above, it is held that the appellant has made sales so the purchases cannot be totally bogus. Therefore only 25% of the 5 Shri Kantilal Kachara Gada bogus purchases, i.e. Rs. 2,62,080/-, out of total purchases of Rs.10,48,320/- may be…

Dinesh S Dhokar, Mumbai vs. ITO, 19(1)(4), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 2947/MUM/2019[2009-10]Status: DisposedITAT Mumbai25 Oct 2021AY 2009-10

Bench: Shri Mahavir Singh: A.Y : 2009-10 Dinesh S. Dhokar Vs. Income Tax Officer – 19(1)(4), Room No. 6, Building No. 1, Mumbai. (Respondent) Dadarkar Compound, Vaibhav, C-Wing, 1St Floor, Tardeo Road, Mumbai 400 034. Pan : Aaapd8605N (Appellant)

For Appellant: Shri Dixit JainFor Respondent: Shri Vaibhav

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT : A.Y : 2009-10 Dinesh S. Dhokar Vs. Income Tax Officer – 19(1)(4), Room no. 6, Building No. 1, Mumbai. (Respondent) Dadarkar Compound, Vaibhav, C-Wing, 1st floor, Tardeo Road, Mumbai 400 034. PAN : AAAPD8605N (Appellant) Appellant by : Shri Dixit Jain Respondent by : Shri Vaibhav Date of Hearing : 25/10/2021 Date of Pronouncement : 25/10/2021 O R D E R This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-29, Mumbai (in short ‘CIT(A)’) in Appeal No. CIT(A)-29/IT-…

ITO Ward-2(1), Kalyan vs. Smt. Asha Sureshlal Basantani, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1792/MUM/2020[2011-12]Status: DisposedITAT Mumbai04 Oct 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Bleincome Tax Officer – 2(1) V. Smt Asha Sureshlal Basantani 2Nd Floor, Mohan Plaza Building Prop. Of M/S. Ashakala Industries Plot No. 27, Industrial Area Wayle Nagar, Kadakapada O.T. Section, Ulhasnagar Kalyan (W), Mumbai -421301 Thane, Mumbai – 421002 Pan: Abipb0299B (Appellant) (Respondent) None Assessee By : Department By Shri Sajay J. Shethi

For Appellant: Department by Shri Sajay J. Shethi

Section 133(6)Section 143(1)Section 144Section 147

…ala party. Accordingly, the book result of the appellant is rejected u/s. 145(3) of the Act. The disallowance 25% out of unverifiable purchases from unverifiable/Hawala dealer had been upheld in the aforesaid case: (1) Sanjay Oil Cake Industries Vs CIT (2008) 316 ITR 274 (Guj) (2) Vijay Proteins Ltd Vs ACIT 58 ITD 428 (Abd) (3) M/s Nand Kishore Meghraj Jewellers, Jaipur Co. No. 105/JP/09 arising out of ITA No. 433/JP/2009 by ITAT Jaipur (4) M/s. Trident Jewellers ITAT Jaipur ITA No. 552/JP/2013. In view of the above stated facts, the disallowance @ 25% of Rs.12,28,500/- works out at Rs.3,07,125 /- is sustained an…

ITO, Ward-1(1), Kalyan vs. M/S Arudaya Chemicals P. Ltd., Ambernath

ITA 2015/MUM/2020[2010-11]Status: DisposedITAT Mumbai30 Sept 2021AY 2010-11

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 2015/Mum/2020 (Inaqa-Arna Baya- / Assessment Year 2010-11) The Income Tax Officer M/S Arudaya Chemicals P. Ltd. W-46, Midc, Moriwali Village, Ward-1(1) Vs. Ambernath, Kalyan, 1St Floor, Mohan Plaz, Wayale Maharashtra-421301 Nagar, Klayan (W)-421301 .. (Apilaaqai- / Appellant) (P`%Yaqaai- / Respondent) स्थामी रेखा िं./Pan No. Aadca3393A प्रत्याऺेप सM./ Co No. 121/Mum/2021 (Arising In Ita No. 2015/Mum/2020 For Ay 2010-11) M/S Arudaya Chemicals P. Ltd. The Income Tax Officer W-46, Midc, Moriwali Village, Ward-1(1) Vs. Ambernath, Kalyan, 1St Floor, Mohan Plaz, Wayale Maharashtra-421301 Nagar, Klayan (W)-421301 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) अऩीराथी की ओय े / Appellant By : Smt. Smita Verma, Dr प्रत्मथी की ओय े / Respondent By : Shri Mehul Shah, Ar स नवाई की तारीख / Date Of Hearing: 30.09.2021 घोषणा की तारीख / Date Of Pronouncement : 30.09.2021 Aadosa / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: These Cross Appeals Are Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-2, Thane [In Short Cit(A)], In Ita No. 10636/2015-16 Vide Dated 28.02.2020. The Assessment Was Framed By The Income Tax Officer, Ward 1(1), Mumbai (In Short Ito / Ao) For The A.Y. 2010-11 Vide Order

For Appellant: Smt. Smita Verma, DRFor Respondent: Shri Mehul shah, AR

Section 143(3)Section 145(3)

…parties. Accordingly, the book result of the appellant is rejected u/s. 145(3) of the Act. The disallowance 25% out of unverifiable purchases from unverifiable/Hawala dealer had been upheld in the aforesaid case: (1) Sanjay Oil Cake Industries Vs CIT (2008) 316 ITR 274 (Guj) (2) Vijay Proteins Ltd Vs ACIT 58 lTD 428 (Abd) (3) M/s Nand Kishore Meghraj Jewellers, Jaipur Co. No. 105/JP/09 arising out of TA No. 433/JP/2009 by hAT Jaipur (4) M/s. Trident Jewellers ITAT Jaipur ITA No. 552/JP/2013. In view of the above stated facts, the disallowance © 25% of Rs. 3,17,304/- works out at Rs. 79,326/- is sustained and…

Deputy Commissioner of Income-Tax, Nashik vs. M/S. Ashoka Buildcon Ltd, Nashik

In the result, appeal of the assessee in ITA No

ITA 1135/PUN/2017[2011-12]Status: DisposedITAT Pune22 Sept 2021AY 2011-12

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 1088/Pun/2017 धनधाारण वषा / Assessment Year : 2011-12

For Appellant: Shri Pramod ShingteFor Respondent: Shri S.P Walimbe

Section 143(3)Section 147Section 148Section 234C

…he case, it would meet ends of justice if for the year under consideration 25% of purchases made from hawala suppliers are held to be inflated 1 bogus. Similar view has also been taken by the Gujarat High Court in the case of Sanjay Oilcake Industries V. CIT (316 ITR 274) and later on followed in case of CIT Vs. Bholanath Poly Fab Pvt. Ltd. (355 ITR 290). This would result in disallowance of Rs.51,85,086/- on account of non-genuine purchases. Appellant gets relief of Rs.1,55,55,256/- and the ground raised by the appellant is partly allowed.” 10. The Ld. CIT(Appeals) in his order observed that the assessee‟s clai…

Ashoka Buildcon Limited, Nashik vs. Assistant Commissioner of Income Tax, Nashik

In the result, appeal of the assessee in ITA No

ITA 1088/PUN/2017[2011-12]Status: DisposedITAT Pune22 Sept 2021AY 2011-12

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 1088/Pun/2017 धनधाारण वषा / Assessment Year : 2011-12

For Appellant: Shri Pramod ShingteFor Respondent: Shri S.P Walimbe

Section 143(3)Section 147Section 148Section 234C

Pr. CIT- 9, Mumbai vs. Amrin Construction Pvt. Ltd., Mumbai

In the result, appeal of the Revenue is dismissed

ITA 6238/MUM/2019[2011-12]Status: DisposedITAT Mumbai17 Jun 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blepr.Cit -9 V. M/S. Amrin Construction Pvt. Ltd., 8, Sagar Tower, Fair Deal Road {Income Tax Officer – 9(1)(2)} Room No. 205, 2Nd Floor Off. S.V.Road, Jogeshwari(W) Mumbai - 400102 Aayakar Bhavan, M.K. Road Mumbai - 400020 Pan: Aaeca3216B (Appellant) (Respondent) Assessee By : None Department By Shri Brajendra Kumar

For Appellant: None

Section 133(6)Section 143(1)Section 147

…oods. 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 vs. CIT (2009) 316 ITR 274 (Guj.). Such decision is also followed by this Court in a judgment dated August 26, 2011, in Tax Appeal No. 679 of 2010 in the case of CIT vs. Kishor Amrutlal Patel. In the result, tax appeal is dismissed". 6.1.28 The facts in the present case are similar to the facts in the above mentioned case. In the present case, the Ld. AO has shown that the…

Shri. Ravindra Bhaskar Deshmukh, Kalyan vs. Dy. CIT, Panvel

In the result, the appeals filed by the assessee are partly allowed

ITA 1951/MUM/2019[2010-11]Status: DisposedITAT Mumbai20 May 2021AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 1951 & 1952/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2010-11 & 2011-12) Shri Ravindra Baskar बिधम/ Dy. Commissioner Of Deshmukh L/H Neeta Ravindra Income Tax Panvel Circle, Vs. Deshmukh Panvel, Dist-Raigad. C/O Sh. Satyajit Zunjarrao 1003/2, Indraprastha Society, Adharwadi Chowk, Kalyan West-421301. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ahcpd2323Gs (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri Bharat Andhle (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 02/03/2021 घोषणा की तारीख /Date Of Pronouncement: 20/05/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 04.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -2, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2010-11 & 2011-12. Ita. No.1951/M/2019 2. The Assessee Has Filed The Present Appeal Against The Order Dated 04.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -2, Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11. Ita Nos. 1951 & 1952/M/2019 A.Ys.2010-11 & 2011-12 3. The Assessee Has Raised The Following Grounds: -

For Appellant: NoneFor Respondent: Shri Bharat Andhle (Sr. AR)

Section 133(6)Section 143(1)Section 143(2)Section 148

…justifiable to the extent of profit element. Some judgements are hereby mentioned below. (i) CIT Vs. Bholanath Poly Fab Ltd. (2013) 355 ITR 290 (Guj). (HC) (ii) CIT Vs. Simit P. Sheth (2013) 356 ITR 451 (Guj) (iii) CIT Vs. Sanjay Oil Cake Industries (2009) 316 ITR 274 (Guj) (iv) ITO Vs. Permanand (2007) 107 TTJ 395 (Jd) A.Ys.2010-11 & 2011-12 (v) Shri Madhukant B. Gandhi Vs. ITO ITA No. 1950/M/2009 Bench „B‟ dt. 23.02.2010 (AY 2005-06) (Mum)(Trib) (vi) Sanjeev Woolen Mills Vs. CIT (2005) 279 ITR 434) (SC) 6. Taking into account, all the facts and circumstances, we are of the view that the end of interest of j…

Income Tax Officer-19(1)(3), Mumbai vs. Ganpat Metal Industries, Mumbai

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

ITA 5125/MUM/2019[2009-10]Status: DisposedITAT Mumbai08 Apr 2021AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5125/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito-19(1)(3) बिधम/ Ganpat Metal Industries Room No.220, 2Nd Floor, Shop No.1 Narayan Niwas, Vs. 2Nd Khetwadi Lane Near Matru Mandir Building, Tardeo Road, Mumbai- Alankar Cinema, Mumbai- 400007. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagfg1194B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Smita Verma (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 25/02/2021 घोषणा की तारीख /Date Of Pronouncement: 08/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.05.2019 Passed By The Commissioner Of Income Tax (Appeals)-07, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Revenue Has Raised The Following Grounds: - “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Restricting The Addition @ 12.5% As Against @ 19.5% Made By The Ao On Bogus Purchases Despite The Fact That The Addition Was Made On Basis Of Credible Information Received From Dgit(Inv.) Based On Information Supplied From Sales Tax Authorities.

For Appellant: NoneFor Respondent: Ms. Smita Verma (Sr. AR)

Section 143(1)Section 143(2)Section 147Section 148

…inished go on that the assessee did purchase the cloth and sell. In the entire 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. KishorAmrutlal Patel. In the result, tax appeal is dismissed.” (emphasis supplied) 5.3.5 In view of the facts and circumstances of the case and the judicial pronouncements cited above, what can be disallowed…

DCIT Cen Cir 4(2), Mumbai vs. Mitesh Ilesh Gadhia, Mumbai

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

ITA 538/MUM/2019[2010-11]Status: DisposedITAT Mumbai07 Apr 2021AY 2010-11

For Appellant: Shri Mayur KisnadwalFor Respondent: Shri Sanjay Sethi (Sr. AR)

Section 132Section 143(3)Section 14ASection 153A

…tax and only the profit element embedded therein was to be taxed, 'no interference is called for in the order of the Tribunal. While coming to the above conclusion, the Hon'ble Gujarat High Court also relied on the decision in the case of Sanjay Oil Cake hid. 316 ITR 274 (Guj). 5.9 From the aforesaid discussion, it is clear that in view of the business model followed by the assessee wherein there is one to one co-relation between the purchases and the sales and also considering the Legal position on the issues as discussed, it is only the profit embedded in the transaction which can be brought to tax and not the…

DCIT - 11(1)(2), Mumbai vs. M/S. Samanta Organics P. Ltd., Mumbai

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

ITA 3229/MUM/2019[2009-10]Status: DisposedITAT Mumbai07 Apr 2021AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.3229 To 3231/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2009-10, 2010-11 & 2011-12) Dcit-11(1)(2) बिधम/ M/S. Samanta Organics Pvt. Room No.1, Ground Floor, Ltd. Vs. M. K. Road, Aayakar 194, Arvind Chambers, Off, Bhavan, Mumbai-400020. Western Express Highway, Andheri (E), Mumbai- 400069. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs2099B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri T. S. Khalsa (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 22/02/2021 घोषणा की तारीख /Date Of Pronouncement: 07/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Above Mentioned Appeals Have Been Filed By The Revenue Against The Different Order Passed By The Commissioner Of Income Tax (Appeals)- 18, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys.2009-10 To 2011-12

For Appellant: NoneFor Respondent: Shri T. S. Khalsa (Sr. AR)

Section 133(6)Section 143(1)Section 143(2)Section 148Section 80G

…sessee had failed to discharge the onus to prove the genuineness of the transactions, mere mentioning of section 68 did not affect the addition made when transactions Were found bogus.” 5.2.19 In Sanjay Oilcake Industries vs. Commissioner of Income-ta, [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 were received from the parties other than the persons who had issued bills for such goods.…

DCIT 12(2)(1), Mumbai vs. D R Coats Ink and Resins P.Ltd, Mumbai

In the result, appeal filed by the revenue is hereby dismissed and cross-objection filed by the assessee is also hereby dismissed

ITA 4858/MUM/2017[2011-12]Status: DisposedITAT Mumbai01 Apr 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4858/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2011-12) बिधम/ M/S. D. R. Coats Ink & Dcit 12(2)(1) Room No. 223, 2Nd Floor, Resins Pvt. Ltd. Vs. 230 New Sonal Link Aayakar Bhavan, M. K. Industrial, Building No.2, Road, Mumbai-400020. Estate Link Road, Malad (W), Mumbai-400064. Co. No.240/Mum/2018 (Arising Out Of Ita. No. 4858/Mum/2017) (निर्धारण वर्ा / Assessment Year: 2011-12) M/S. D. R. Coats Ink & बिधम/ Dcit 12(2)(1) Resins Pvt. Ltd. Room No. 223, 2Nd Floor, Vs. 230 New Sonal Link Aayakar Bhavan, M. K. Industrial, Building No.2, Road, Mumbai-400020. Estate Link Road, Malad (W), Mumbai-400064 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcd8645A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Bharat Andhale (Sr. Ar) Assessee By: Shri M. Subramaniam सुनवाई की तारीख / Date Of Hearing: 06/01/2021 घोषणा की तारीख /Date Of Pronouncement: 01/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross Objection Against The Order Dated 28.04.2017 Passed

For Appellant: Shri M. SubramaniamFor Respondent: Shri Bharat Andhale (Sr. AR)

Section 143(1)Section 143(3)

…rsy on the basis of the decision in ITA. No.4858/M/17 CO. No. 240/M/2018 A.Y. 2011-12 the case of (i) CIT Vs. Bholanath Poly Fab Ltd. (2013) 355 ITR 290 (Guj) (ii) CIT Vs. Simit P. Sheth (2013) 356 ITR 451 (Guj) (iii) CIT Vs. Sanjay Oil Cake Industries (2009) 316 ITR 274 (Guj) (iv) ITO Vs. Permanand (2007) 107 TTJ 395 (Jd) (Trib) (v) Shri Madhukant B. Gandhi Vs. ITO ITA. No. 1950/M/2009 Bench „B‟ Dated 23.02.2010 (AY 2005-06) & (vi) Sanjeev Woolen Mills Vs. CIT (2005) 279 ITR 434 (SC). The CIT(A) has considered the Gross Profit (G.P) ratio of the bogus purchase items. Moreover, we also find that the issue has dul…