Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory v. ITAT

Vijay Grihnirman P.Ltd, Mumbai vs. ACIT CC 15 & 16, Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2011-12 Vijay Grihanirman P. Ltd. Acit, 205, Marine Chambers, Central Circle-15 & 16, बनाम/ 43, New Marine Line, Mumbai Vs. Churchgate, Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacv2806N Shri Rajat Mittal-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri Mani Jain & Shri Prateek Jain

…41 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the 32 Vijay Grihanirman Pvt. Ltd. case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 3.10. In such type of cases, broadly, the Ld. Commissioner of Income Tax (Appeal)…

DCIT 1(1)(1), Mumbai vs. Bds Projects P.Ltd, Mumbai

The appeals of the Revenue are partly allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

…No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10. In such type of cases, broadly, the Ld. Commissioner of Income Tax (Appeal)…

DCIT 1(1)(1), Mumbai vs. Bds Projects P. Ltd, Mumbai

The appeals of the Revenue are partly allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumar

…No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10. In such type of cases, broadly, the Ld. Commissioner of Income Tax (Appeal)…

M.S.Prints, Mumbai vs. DCIT 27(2), Navi Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2010-11 M/S. M.S. Prints, Dcit-27(2), 105, Shiv Shakti Indl. Estate, Income Tax Office, T बनाम/ L.B.S. Marg, Ghatkopar (West), Ower No.6, Vashi Rly. Vs. Mumbai-400086 Station, Vashi, New Mumbai-400703 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aalfm4121D

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on 18 M/s. M.S. Prints account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10. In such type of cases, broadly, the Ld. Commissioner o…

Mohammed Salim F. Chohan, Mumbai vs. ACIT 15(3), Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year:2011-12 Mohammed Salim F. Acit-15(3), Shohan, Matru Mandir, बनाम/ 17/18, 4Th Floor, 28-Ali 1St Floor, Vs. Umer Street, Grant Road, Mumbai-400003 Mumbai-400007 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aampc8124D

…241 of 2003), vide order dated 20/06/2016 considered 14 Mohammed Salim F. Chohan the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10 In the case of M/s. Sanket Steel Traders (ITA No.2801/Ahd/2008) order dated…

ITO (E) I(1), Mumbai vs. Baun Foundation Trust, Mumbai

Bench: Shri R. C. Sharma, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 153/Jp/2014 (निर्धारणवर्ा / Assessment Year:2010-11 ) M.S Goenka Diamond & Jewells Acit, Circle-2, बिधम/ Ltd, 401, Panchratna, M.S.B. Ka Ncr Building, Rasta, Jaipur. Jaipur Vs.

…o prove the genuineness of the purchases. This issue is also supported by the decision of the Hon’ble Supreme Court 10 I.T.A. No. 216 & 153/JP/2014 & 124/JP/2015 M.s Goenka Diamond & Jewells Ltd, in the case of India Woolen Carpet Vrs. ITAT and others (2002) 178 CTR 420 (Raj.) Although, Ld. AR has relied upon the report of task group for diamond sector issued by Ministry of Commerce & Industry, Govt. of India, wherein it was stated that the diamond manufacturing and trading industry operates at a marigin of 1%- 3% only and that 2.5% shall be adopted as reasonable profit rate in the said industry. However the as…

Bhavesh Jayantilal Shah, Mumbai vs. Income Tax Officer-31(1)(3), Mumbai

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh, Assessment Year: 2009-10 Bhavesh Jayantilal Shah, Income Tax Officer-25(2)(3), C-60, 15Th Floor, Saibaba Bkc, Bandra, बनाम/ Enclave Tower, C-Wing, Bldg. Mumbai-400076 Vs. No.3, C.D Baug, S.V. Road, Neari City Centre Mall, Goregaon (West), Mumbai- "नधा"रती / Assessee राज"व / Revenue P.A. No.Admpr0197G

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 19 Bhavesh Jayantilal Shah 3.10. In such type of cases, broadly, the Ld. Commiss…

Ambernath Steel Tube and Sanitary Store, Mumbai vs. Income Tax Officer 2(1), Kalyan

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh, Assessment Year: 2010-11 M/S Ambernath Steel Tube Income Tax Officer & Sanitary Store, Ward-2(1), बनाम/ Partner-Shri Vimal Adhia, 02Nd Floor, Mohan Plaza, Vs. Station Road, Ambarnath (W), Wayle Nagar, Maharashtra-421501 Khandakpada, Kalyan (W) "नधा"रती / Assessee राज"व / Revenue P.A. No.Aahfa7639L

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 14 Ambernath Steel Tube and Sanitary Store 2.10 In the case of M/s. Sanket Steel…

Mira Construction-Jv, Mumbai vs. Assistant Commissioner of Income Tax-32(2), Mumbai

The appeal of the assessee is dismissed

Bench: Shri Joginder Singh, Assessment Year: 2009-10 Mira Construction-Jv, Acit-32(2), C/52, Ganjawala Apartment, Bandra, बनाम/ Svp Road, Borivali (W), Mumbai Vs. Mumbai-400092 "नधा"रती / Assessee राज"व / Revenue P.A. No.Aapfm7470B

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on 14 Mira Construction-JV account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10 In the case of M/s. Sanket Steel Traders (ITA No.28…

Mehta Emporium Jewellers, Mumbai vs. ITO 30(2)(3), Mumbai

The appeal of the assessee is dismissed

Bench: Shri Joginder Singh, Assessment Year: 2012-13 Mehta Emporium Jewellers, Income Tax Officer-30(2)(3), 101, Hetal Arch. S.V. Road, Mumbai बनाम/ Opp. Natraj Market, Malad (W) Vs. Mumbai-400064 "नधा"रती / Assessee राज"व / Revenue P.A. No.Aalfm2962N

…No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10. In such type of cases, broadly, the Ld. Commissioner of Income Tax (Appeal)…

Asstt CIT 17(2), Mumbai vs. Late Manojkumar S. Gupta, Mumbai

The appeal of the Revenue is partly allowed

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwalassessment Year: 2011-12 Acit-17(2), Late Shri Manojkumar S. Room No.134, Gupta Through L/H बनाम/ Aayakar Bhavan, Madhavi Gupta, Vs. M.K. Road, C/O- M/S Krishna Steel Mumbai-400020 Corporation, 110, First Floor, Arihant, Ahmedabad Street, Masjid Station (E), Mumbai-400009 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aadpg1861G

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on 15 Late Shri Manojkumar S. Gupta through L/H Madhavi Gupta account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.13. In the case of M/…

United Asphalters Pvt. Ltd., Thane vs. ITO 13(1)(2), Mumbai

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwal

…ppeal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. ITA No. 1728, 1729, 2598, 13 2599 & 2600/Mum/2016 M/s. United Asphalters P. Ltd. 2.1…

DCIT 13(1)(1), Mumbai vs. United Asphalters P.Ltd, Mumbai

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwal

…ppeal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. ITA No. 1728, 1729, 2598, 13 2599 & 2600/Mum/2016 M/s. United Asphalters P. Ltd. 2.1…

DCIT 13(1)(1), Mumbai vs. United Asphalters P.Ltd, Mumbai

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwal

…ppeal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. ITA No. 1728, 1729, 2598, 13 2599 & 2600/Mum/2016 M/s. United Asphalters P. Ltd. 2.1…

ITO 5(2)(1), Mumbai vs. N.K. Ferromate(India) P. Ltd, Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2009-10 Income Tax Officer-5(2)(1), M/S N.K. Ferromate (India) R. No.567, P. Ltd. बनाम/ Aayakar Bhavan, 32/40, Krishna Baug, Vs. M.K. Road, Shop No.6, 2Nd Parshiwada, Mumbai-400020 V.P. Road, Mumbai-400004 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No.Aaccn4388N Assessment Year: 2009-10 M/S N.K. Ferromate (India) Income Tax Officer-5(2)(1), P. Ltd. R. No.567, बनाम/ 32/40, Krishna Baug, Aayakar Bhavan, Vs. Shop No.6, 2Nd Parshiwada, M.K. Road, V.P. Road, Mumbai-400020 Mumbai-400004 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.Aaccn4388N M/S N.K. Ferromate (India) Ltd.

…No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in M/s N.K. Ferromate (India) Ltd. deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10. In such type of cases, broadly, the Ld. Com…

ITO 32(1)(4), Mumbai vs. Darshan Gautam Salot, Mumbai

The appeal of the Revenue is allowed for

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2009-10 Income Tax Officer-32(1)(4), Shri Darshan Gautam Salot, R. No.202, C-11, 2Nd Floor, A-3.4, Soni Tower, बनाम/ Pratyaksha Kar Bhavan, Ram Nagar, Borivali (East), Vs. Bandra Kurla Complex, Mumbai-400092 Bandra (East), Mumbai-400051 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No.Bmops4552G

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10. In such type of cases, broadly, the Ld. Commissioner of Income Tax (Appeal)…

ACIT 1(3)(1), Mumbai vs. Sovika Chemicals Pvt. Ltd., Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2012-13 Acit-1(3)(1), M/S Sovika Chemicals Pvt. Room No.540, 5Th Floor, Ltd. बनाम/ Aayakar Bhavan, B/2, Parekh Mahal, 80, Vs. M.K. Road, Veer Nariman Road, Mumbai-400020 Churchgate, Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacs5390N

…f 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the 14 M/s Sovika Chemicals Pvt. Ltd. case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10 In the case of M/s. Sanket Steel Traders (ITA No.2801/Ahd/2008) order dated…

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

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on 14 P-Cube Construction Pvt. Ltd. account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10 In the case of M/s. Sanket Steel Traders (I…

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

…ppeal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding 50 Shri Mithalal D Mutha the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 3.10 In such type of cases, broadly, the Ld. Commissioner o…

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

…eal No.240, 261, 242, 260 and 241 of 2003), vide order dated 20/06/2016 considered the decision of the Tribunal and various judicial decisions including the case of Vijay Proteins and Sanjay Oilcakes Industries ltd., M/s Woolen Carpet Factory vs ITAT (2002) 178 CTR 420 (Raj.), the Tribunal was held to be justified in deciding the case against the assessee. The Hon'ble Apex Court confirmed the decision of the High Court for adding the entire income on account of bogus purchases (SLP (C) No.s 769 of 2017, order dated 16/01/2017. 2.10. In such type of cases, broadly, the Ld. Commissioner of Income Tax (Appeal)…