Vijay Proteins Ltd. v. Asst. CIT

58 ITD 428Income Tax Appellate Tribunal1996#165 most cited

What is Vijay Proteins Ltd. v. Asst. CIT authority for?

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

430

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2026.

Also referred to as

Vijay Proteins Ltd v ACIT · 58 ITD 428 · bogus purchases · unexplained expenditure · Section 69C · 25% disallowance · peak credit · grey market transactions · fictitious purchases · Section 147

Sections most often in play

Section 147Section 69CSection 145(3)Section 143(3)Section 148Section 142(1)Section 133ASection 250

Issues it is cited on

section 145(3)section 69caccommodation entrysection 69businesssection 13documentcompanysection 148total incomesection 147section 143(3)

Judgments citing Vijay Proteins Ltd. v. Asst. CIT

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

The appeal of the assessee is partly allowed

ITA 4997/MUM/2015[2010-11]Status: DisposedITAT Mumbai22 Jan 2018AY 2010-11

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

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and s…

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

The appeal of the assessee is partly allowed

ITA 1473/MUM/2016[2011-12]Status: DisposedITAT Mumbai18 Jan 2018AY 2011-12

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

Section 69C

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and…

Navnidhi Steel and Engg Co. P.Ltd, Mumbai vs. DCIT 5(2)(1), Mumbai

The appeal of the assessee is dismissed

ITA 3420/MUM/2017[2007-08]Status: DisposedITAT Mumbai08 Jan 2018AY 2007-08

Bench: Shri Joginder Singh, Assessment Year: 2007-08

Section 133(6)Section 143(1)Section 143(2)Section 148Section 68Section 69C

…011 dated 22.11.2013. The 11 Navnidhi Steel & Engg. Co. Pvt. Ltd. A.O. relying on the ratio of the decision of in the case of Sanjay Oilcake Industries v. CIT 316 ITR 274 (Guj), Bholanath Polyfab Pvt Ltd 40 Taxman 494(Guj) and M/s. Vijay Proteins Ltd. (1996) 58 ITD 428 (Ahd) and 25% of such purchases of Rs. 60,44,860/- stood disallowed by the AO treating as element of profit embedded in the transaction , which led to disallowance to the tune of Rs. 15,11,215/- and for the purchases made by the assessee from M/.s. Navkar Diamonds and Mayur Exports aggregating to Rs 19,31,040/- , it was observed by the AO that the…

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

The appeal of the assessee is partly allowed

ITA 5275/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Jan 2018AY 2009-10

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

Section 147

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and s…

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

The appeal of the assessee is partly allowed

ITA 6173/MUM/2017[2010-11]Status: DisposedITAT Mumbai03 Jan 2018AY 2010-11

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

Section 147Section 69C

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and…

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

The appeal of the assessee is dismissed

ITA 5360/MUM/2017[2009-10]Status: DisposedITAT Mumbai03 Jan 2018AY 2009-10

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

Section 133(6)Section 69C

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from 6 Mira Construction-JV whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did…

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

The appeal of the assessee is dismissed

ITA 1484/MUM/2017[2012-13]Status: DisposedITAT Mumbai03 Jan 2018AY 2012-13

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

Section 133(6)

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and s…

Mahavir Metal, Mumbai vs. Asst CIT 19(3), Mumbai

In the result, appeal is dismissed

ITA 1430/MUM/2017[2010-11]Status: DisposedITAT Mumbai02 Jan 2018AY 2010-11

Bench: Shri R.C.Sharma, Am Shri. Mahavir Metal, Vs. Asst. Cit 19(3) 6, Jaikuwar Bhavan Tardeo 8Th Khetwadi Lane Mumbai – 400 026 Mumbai – 400 004 Pan/Gir No.Aaifs6733N Appellant) .. Respondent)

Section 133(6)Section 143(1)Section 143(3)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM Shri. Mahavir Metal, Vs. Asst. CIT 19(3) 6, Jaikuwar Bhavan Tardeo 8th Khetwadi Lane Mumbai – 400 026 Mumbai – 400 004 PAN/GIR No.AAIFS6733N Appellant) .. Respondent) Assessee by Shri Satish Modi Revenue by Ms. N. Hemalatha Date of Hearing 05/10/2017 Date of Pronouncement 02/01/2018 आदेश / O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by the assessee against the order of CIT(A)- 29, Mumbai dated 18/01/2017 for A.Y.2010-11 in the matter of order passed u/s.143(3) r.w.s. 147 of the Income-Tax Act, 1961. 2. In this ap…

Virendra Kumar Gupta, Delhi vs. ACIT, New Delhi

In the result ground No. 4 to 7 are partly allowed

ITA 2721/DEL/2016[2006-07]Status: DisposedITAT Delhi13 Dec 2017AY 2006-07

Bench: Shri H.S.Sidhu & Shri Prashant Maharishivirendra Kumar Gupta, Acit, Vs. Prop Sanjay Metal Udyog, Circle-39(1), 3858, Gali Barna, Sadar Bazar, Delhi New Delhi Pan: Aaapg4216E (Appellant) (Respondent)

For Appellant: Shri Aashish Chadha, CAFor Respondent: Shri SS Rana, CIT DR
Section 148

…IT Vs. Paramount Communication (P) Ltd 2017-TIOL-253-H.C –IT) b. PCIT Vs. Paramount Communication (P) Ltd 292 ITR 444 c. CIT Vs. Arun Malhotra 363 ITR 195 d. NK Proteins Vs. CIT 2017-TIOL-23-HC–IT) Virendra Kumar Gupta Vs. ACIT, e. Vijay Proteins Ltd Vs. ACIt 58 ITD 428 (Ahmadabad) f. CIT Vs. La Medica 117 Taxmann 628 ( Delhi) 14. The various decisions cited by the ld CIT DR as well as the contention of the assessee before the lower authorities were considered. The Hon'ble Supreme Court in case of NK Proteins Ltd Vs. DCIT in 2017-TIOL-23-S.C.-IT has confirmed on the similar circumstances addition to the extent of…

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

The appeal of the Revenue is partly allowed

ITA 3924/MUM/2016[2011-12]Status: DisposedITAT Mumbai07 Dec 2017AY 2011-12

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

…bjected to tax. The Tribunal relied on its earlier decision in the case of Sanket 7 Late Shri Manojkumar S. Gupta through L/H Madhavi Gupta Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and…

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

ITA 2598/MUM/2016[2009-10]Status: DisposedITAT Mumbai07 Dec 2017AY 2009-10

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwal

Section 69C

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ,‘डी’,मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, ‘D’ MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी मनोज कुमार अ"वाल, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Manoj Kumar Aggarwal, Accountant Member ITA Nos.1728 & 1729/Mum/2016 Assessment Years: 2010-11 & 2011-12 Income Tax Officer-13(1)(2), M/s United Asphalters Pvt. 02nd Floor, Room No.225, Ltd. बनाम/ Aayakar Bhavan, 3-A/6, Majitha Nagar, Vs. M.K. Road, S.V. Road, Kandivali (W), Mumbai-400020 Mumbai-400067 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No.AAACU4547K ITA Nos.2598, 2599…

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

ITA 1729/MUM/2016[2011-12]Status: DisposedITAT Mumbai07 Dec 2017AY 2011-12

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwal

Section 69C

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ,‘डी’,मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, ‘D’ MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी मनोज कुमार अ"वाल, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Manoj Kumar Aggarwal, Accountant Member ITA Nos.1728 & 1729/Mum/2016 Assessment Years: 2010-11 & 2011-12 Income Tax Officer-13(1)(2), M/s United Asphalters Pvt. 02nd Floor, Room No.225, Ltd. बनाम/ Aayakar Bhavan, 3-A/6, Majitha Nagar, Vs. M.K. Road, S.V. Road, Kandivali (W), Mumbai-400020 Mumbai-400067 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No.AAACU4547K ITA Nos.2598, 2599…

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

ITA 1728/MUM/2016[2010-11]Status: DisposedITAT Mumbai07 Dec 2017AY 2010-11

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwal

Section 69C

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ,‘डी’,मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, ‘D’ MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी मनोज कुमार अ"वाल, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Manoj Kumar Aggarwal, Accountant Member ITA Nos.1728 & 1729/Mum/2016 Assessment Years: 2010-11 & 2011-12 Income Tax Officer-13(1)(2), M/s United Asphalters Pvt. 02nd Floor, Room No.225, Ltd. बनाम/ Aayakar Bhavan, 3-A/6, Majitha Nagar, Vs. M.K. Road, S.V. Road, Kandivali (W), Mumbai-400020 Mumbai-400067 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No.AAACU4547K ITA Nos.2598, 2599…

Dilip B Shah, Mumbai vs. ITO 14(1)(1), Mumbai

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

ITA 5560/MUM/2016[2009-10]Status: DisposedITAT Mumbai04 Dec 2017AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No.5560/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Shri Dilip B. Shah Ito-14(1)(1), बनाम/ 2Nd Floor, Earnest House, 5/20 A, Gita Building, Gamdevi, Vs. Grant Road, Mumbai-400 002 Nariman Point, Mumbai-400 021 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aapps 9105 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Ms. Ruchi M. Rathod ""यथ" क" ओर से/Respondent By : Shri Ram Tiwari

For Appellant: Ms. Ruchi M. RathodFor Respondent: Shri Ram Tiwari
Section 148Section 69C

…आयकर अपील"य अ"धकरण “एच” "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI SANDEEP GOSAIN, JM आयकर अपील सं./I.T.A. No.5560/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Shri Dilip B. Shah ITO-14(1)(1), बनाम/ 2nd Floor, Earnest House, 5/20 A, Gita Building, Gamdevi, Vs. Grant Road, Mumbai-400 002 Nariman Point, Mumbai-400 021 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. AAPPS 9105 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant by : Ms. Ruchi M. Rathod ""यथ" क" ओर से/Respondent by : Shri Ram Tiwari सुनवाई क" तार"ख / : 14.09.2017 D…

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

The appeal of the Revenue is dismissed

ITA 6736/MUM/2016[2009-10]Status: DisposedITAT Mumbai28 Nov 2017AY 2009-10

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.

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and s…

V & V Pharma Industries, Thane vs. ACIT Cir. 3, Thane

In the result , appeal of the assessee in ITA no

ITA 6056/MUM/2016[2010-11]Status: DisposedITAT Mumbai28 Nov 2017AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 6056 & 6057/Mum/2016 (नििाारण वर्ा / Assessment Year : 2010-11 & 2011-12)

For Appellant: Shri. Deepak RajeFor Respondent: Ms. Pooja Swaroop
Section 139(1)Section 143(3)Section 145(3)Section 69C

…oss 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. 10S/JP/09 arising out of ITA No.'433/JP/2009 by ITAT Jaipur (4) M/s. Trident Jewellers ITAT Jaipur ITA 552/JP/2013. Disallowance @ 25% out of Bogus purchases, held as a reasonable in the case of Viiay Proteins Ltd., in view of the fact that the savings occurred to the suppliers on accou…

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

The appeal of the Revenue is allowed for

ITA 3765/MUM/2016[2009-10]Status: DisposedITAT Mumbai28 Nov 2017AY 2009-10

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

Section 133(6)Section 69C

…but the profit margin embedded in such amount would be subjected to tax. The Tribunal relied on its earlier decision in the case of Sanket Steel Traders and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. v. Asst. CIT [1996] 58 ITD 428 (Ahd). 6. We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and s…

Satish R. Rathod, Mumbai vs. ITO 15(3)(1), Mumbai

In the result, both the appeals are hereby ordered to be dismissed

ITA 567/MUM/2016[2010-11]Status: DisposedITAT Mumbai27 Nov 2017AY 2010-11

Bench: Shri P. K. Bansal, Vp & Shri Amarjit Singh, Jm

For Appellant: Shri Suresh AnchaliyaFor Respondent: Shri Purushottam Kumar (SR
Section 133(6)Section 142(1)Section 143(1)Section 69C

…ax. The Tribunal relied on it earlier decision in the case of Sanket Steel Traders vs. ITO [IT appeal Nos. 2801 & 2937 (Ahd) of 2008, dated 20-05-2011] and also made reference to the Tribunal's decision in the case of Vijay Proteins Ltd. vs. Asstt. CIT [1996] 58 ITD 428 (Ahd) On appeal by the Department, the Hon’ble Gujarat High Court held as follows: 'We are of the opinion that the Tribunal committed no error. Whether the purchases ffiemsehe5 were bogus or whether the patties from whom such purchases were allegedly made were bogus is essentially a questfol7 of fact. The Tribunal having examined the evidence on r…

Hitesh Tilokchand Bohra, Mumbai vs. Income Tax Officer-19(1)(5), Mumbai

In the result, appeal for A

ITA 4945/MUM/2017[2010-11]Status: DisposedITAT Mumbai09 Nov 2017AY 2010-11

Bench: Shri R.C. Sharma

For Appellant: NoneFor Respondent: Smt. N. Hemalatha
Section 143Section 143(1)Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" Bench, Mumbai Before Shri R.C. Sharma, Accountant Member ITA Nos. 4945 & 4946 /Mum/2017 (Assessment Years: 2010-11 & 2011-12) Shri Hitesh Tilokchand Bohra Income Tax Officer-19(1)(5) Shree Chandra Bhawan Room No. 215 Vs. 11/13, Parsiwada Lane Matrumandir, Tardo Road Mumbai 400004 Mumbai 400007 PAN – AERPB7638E Appellant Respondent Appellant by: None Respondent by: Smt. N. Hemalatha Date of Hearing: 24.10.2017 Date of Pronouncement: 09.11.2017 O R D E R Per R.C. Sharma, A.M. These are appeals filed by the assessee against the order of the CIT(A)- 29, Mumbai for assessmen…

DCIT 28(3), Navi Mumbai vs. Sunil Khanna, Navi Mumbai

In the result, the Revenue’s appeal and the assessee’s cross objection stands dismissed

ITA 276/MUM/2015[2011-12]Status: DisposedITAT Mumbai03 Nov 2017AY 2011-12

Bench: Shri Rajendra, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No. 276/Mum/2015 (धििाारण वर्ा / Assessment Year: 2011-12) Dy. Cit-28(3), Sunil H. Khanna, बिाम/ 3Rd Floor Tower No. 6, Vashi Railway 311, A-Wing, Arneja Corner, Station Complex, Vashi, Sector-17, Vashi, Vs. Navi Mumbai-400 703 Navi Mumbai-400 703 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. Afhpk 2599 E (Revenue) : (Assessee)

For Appellant: Shri Prakash PanditFor Respondent: Shri v. Justin
Section 143(1)

…in Tax Appeal No. 1090 of 2009 and in case of Commissioner of Income Tax-7 vs. Bholanath Poly Fab Pvt. Ltd. vide order dated 23.10.2022 passed in Tax Appeal No. 63 of 2012. The view taken by the Tribunal in Case of Vijay Proteins Pvt. Ltd. vs. CIT reported in 58 ITD 428 came to be approved." 2.22 Similarly while dealing with an identical issue, in the case of CIT vs. Bhalanath Poly Fab (P) Ltd., I.T.A.No. 63 of 2012, in the order dated 23/10/2012, the Hon'ble High Court of Gujarat has held as under- 12 ITA No. 276/M/15 & CO No.131/M/16 (A.Y. 2011-12) Sunil H. Khanna "We are of the opinion that the Tribunal comm…