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.

How many judgments cite Vijay Proteins Ltd. v. Asst. CIT?

430 judgments on BharatTax cite Vijay Proteins Ltd. v. Asst. CIT (58 ITD 428), spanning 2016 to 2026.

Which sections of the Income Tax Act does Vijay Proteins Ltd. v. Asst. CIT come up under?

It is most often cited in judgments turning on Section 147, Section 69C, Section 145(3), Section 143(3), Section 148, Section 142(1).

Vijay Proteins Ltd. v. Asst. CIT (58 ITD 428)

Ganesh Ganpat Alim, Maharashtra vs. Income Tax Officer, Ward-1(1)(1), Surat

In the result, appeals filed by the assessee is allowed

ITA 40/SRT/2022[2012-13]Status: DisposedITAT Surat08 May 2023AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.40/Srt/2022 "नधा"रण वष"/Assessment Year: (2012-13) (Physical Hearing) Ganesh Ganpat Alim, Vs. The Ito, B-205, Mahashakti Appartment, Ward -1(1)(1), Jai Shree Jahannath, Nr. Manvel Panda Surat. Road, Nr. Mahak City Virar East, Mumbai, Maharashtra – 401305. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ambpa5834F आयकर अपील सं./Ita No.41/Srt/2022 "नधा"रण वष"/Assessment Year: (2012-13) Ganesh Ganpat Alim, Vs. The Ito, B-205, Mahashakti Appartment, Ward -3(3)(1), Jai Shree Jahannath, Nr. Manvel Panda Surat. Road, Nr. Mahak City Virar East, Mumbai, Maharashtra – 401305. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ambpa5834F Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) With Shri Vinod Kumar, Sr. Dr 22/03/2023 Date Of Hearing Date Of Pronouncement 08/05/2023 आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year (Ay) 2012-13, Are Directed Against The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), [In Short “The Ld. Cit(A)”], Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer Under Section 144 R.W.S 147 & A Penalty Order Passed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

Section 144Section 271(1)Section 271(1)(c)

…the case as laid down in the decision of Gauhati High court in the case of Assam Pesticides and Agro Checmicals vs CIT reported in 227 ITR 384. Here, reference is also invited to the decision of Hon'ble ITAT in the case of M/s. Vijay Proteins Ltd. reported in 55 TTJ 76 wherein, owing to non-verifiable purchases. 25% of the sum of purchases was held to be reasonable amount of disallowance of expenditure. Accordingly, 25% of the total purchases is appropriate for disallowance. 5.1 I, therefore, disallow 25% of total unverifiable purchases of Rs.95,17,07,336/- which is worked out to Rs.23,79,26,834/- and added the s…

Three C Universal Developers Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 6, New Delhi

In the result, all the four appeals of the assessee for AYs 2010-11,

ITA 7582/DEL/2018[2014-15]Status: DisposedITAT Delhi01 May 2023AY 2014-15

Bench: Dr. Brr Kumar & Ms. Astha Chandra

For Appellant: NoneFor Respondent: Shri H.K. Chaudhary, CIT-DR

Section 132Section 142(1)Section 153ASection 234A

…ax. The Tribunal relied on its 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 themselves mere bogus or whether the parties from whom such purchases mere allegedly made mere bogus is essentially a question of fact. The Tribunal having examined the evidence on…

Three C Universal Developers Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 6, New Delhi

In the result, all the four appeals of the assessee for AYs 2010-11,

ITA 7581/DEL/2018[2013-14]Status: DisposedITAT Delhi01 May 2023AY 2013-14

Bench: Dr. Brr Kumar & Ms. Astha Chandra

For Appellant: NoneFor Respondent: Shri H.K. Chaudhary, CIT-DR

Section 132Section 142(1)Section 153ASection 234A

…ax. The Tribunal relied on its 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 themselves mere bogus or whether the parties from whom such purchases mere allegedly made mere bogus is essentially a question of fact. The Tribunal having examined the evidence on…

Three C Universal Developers Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 6, New Delhi

In the result, all the four appeals of the assessee for AYs 2010-11,

ITA 7580/DEL/2018[2011-12]Status: DisposedITAT Delhi01 May 2023AY 2011-12

Bench: Dr. Brr Kumar & Ms. Astha Chandra

For Appellant: NoneFor Respondent: Shri H.K. Chaudhary, CIT-DR

Section 132Section 142(1)Section 153ASection 234A

…ax. The Tribunal relied on its 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 themselves mere bogus or whether the parties from whom such purchases mere allegedly made mere bogus is essentially a question of fact. The Tribunal having examined the evidence on…

Three C Universal Developers Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 6, New Delhi

In the result, all the four appeals of the assessee for AYs 2010-11,

ITA 7579/DEL/2018[2010-11]Status: DisposedITAT Delhi01 May 2023AY 2010-11

Bench: Dr. Brr Kumar & Ms. Astha Chandra

For Appellant: NoneFor Respondent: Shri H.K. Chaudhary, CIT-DR

Section 132Section 142(1)Section 153ASection 234A

…ax. The Tribunal relied on its 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 themselves mere bogus or whether the parties from whom such purchases mere allegedly made mere bogus is essentially a question of fact. The Tribunal having examined the evidence on…

Income Tax Officer, Ward-2(1), Raipur vs. Mesers Goyal Agro Industries, Raipur

In the result, appeal of the revenue is partly allowed for statistical purposes in terms of our aforesaid observations

ITA 217/RPR/2019[2013-14]Status: DisposedITAT Raipur28 Apr 2023AY 2013-14

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 217/Rpr/2019 "नधा"रण वष" / Assessment Year : 2013-14 The Income Tax Officer-2(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Goyal Agro Industries, 21/570 Puran Dal Mill, Ramsagar Para, Raipur (C.G.) Pan : Aaefg6054E ……""यथ" / Respondent

For Appellant: NoneFor Respondent: Shri Piyush Tripathi, Sr. DR

Section 131Section 133ASection 143(2)Section 143(3)

…aforementioned parties on the basis of supporting documentary evidences. 5. The A.O after treating the impugned purchases of Rs.1,72,43,900/- in question as bogus, relied on the order of the ITAT, Ahmedabad in the case of Vijay Proteins Ltd. Vs. ACIT, (1996) 58 ITD 428 (Ahd.), and was of the view that the assessee firm had not purchased the goods in question from the aforementioned tainted parties. Accordingly, the A.O on the basis of his aforesaid conviction disallowed the entire amount bogus purchases and made a consequential addition of the same to the assessee’s returned income. On the basis of his aforesaid…

Assistant Commissioner of Income Tax, Circle 1(1), Raipur vs. Mesers Tirupati Balaji Food Private Limited, Tilda

In the result, appeal of the revenue in ITA No

ITA 13/RPR/2019[2015-16]Status: DisposedITAT Raipur20 Apr 2023AY 2015-16

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.202/Rpr/2018 "नधा"रण वष" / Assessment Year : 2014-15 The Assistant Commissioner Of Income Tax-1(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Tirupati Balaji Foods Pvt. Ltd., Tilda-Neora, Raipur (C.G.) Pan : Aacct7476L ……""यथ" / Respondent आयकर अपील सं. / Ita No.13/Rpr/2019 "नधा"रण वष" / Assessment Year : 2015-16 The Assistant Commissioner Of Income Tax-1(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Tirupati Balaji Foods Pvt. Ltd., Tilda-Neora, Raipur (C.G.) Pan : Aacct7476L ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: Smt. Ila M. Parmar, CIT- DR

Section 131Section 143(3)Section 250(4)Section 69C

…of the value of the impugned bogus/unsubstantiated purchases. In fact, the only reason which can be gathered from a perusal of the assessment order is the reliance placed by the A.O on the order of the ITAT, Ahmedabad in the case of Vijay Proteins Ltd. (1996) 58 ITD 428 (Ahd.). Also, we are not impressed with the manner in which the CIT(Appeals) had sustained the disallowance at Rs.22,38,718/- i.e. @ 1% of the value of the unsubstantiated purchases of Rs.22,38,71,825/-. As the very basis adopted by the lower authorities in making/sustaining the addition in the hands of the assessee company is neither supported by…

Assistant Commissioner of Income Tax, Circle 1(1), Raipur vs. Mesers Tirupati Balaji Food Private Limited, Tilda

In the result, appeal of the revenue in ITA No

ITA 202/RPR/2018[2014-15]Status: DisposedITAT Raipur20 Apr 2023AY 2014-15

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.202/Rpr/2018 "नधा"रण वष" / Assessment Year : 2014-15 The Assistant Commissioner Of Income Tax-1(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Tirupati Balaji Foods Pvt. Ltd., Tilda-Neora, Raipur (C.G.) Pan : Aacct7476L ……""यथ" / Respondent आयकर अपील सं. / Ita No.13/Rpr/2019 "नधा"रण वष" / Assessment Year : 2015-16 The Assistant Commissioner Of Income Tax-1(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Tirupati Balaji Foods Pvt. Ltd., Tilda-Neora, Raipur (C.G.) Pan : Aacct7476L ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: Smt. Ila M. Parmar, CIT- DR

Section 131Section 143(3)Section 250(4)Section 69C

…of the value of the impugned bogus/unsubstantiated purchases. In fact, the only reason which can be gathered from a perusal of the assessment order is the reliance placed by the A.O on the order of the ITAT, Ahmedabad in the case of Vijay Proteins Ltd. (1996) 58 ITD 428 (Ahd.). Also, we are not impressed with the manner in which the CIT(Appeals) had sustained the disallowance at Rs.22,38,718/- i.e. @ 1% of the value of the unsubstantiated purchases of Rs.22,38,71,825/-. As the very basis adopted by the lower authorities in making/sustaining the addition in the hands of the assessee company is neither supported by…

Income Tax Officer, Ward- 3(1), Raipur vs. Harsha Rice Mills Private Limited, Raipur

In the result, both the appeals of the assessee and revenue are allowed for statistical purposes in terms of our aforesaid observations

ITA 170/RPR/2019[2014-15]Status: DisposedITAT Raipur28 Mar 2023AY 2014-15

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No.156/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 Harsha Rice Mills Pvt. Ltd. D-22, Sector-5, Devendra Nagar, Raipur (C.G.)-492 001 Pan : Aabch7123H .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(1), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं. / Ita No.170/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 The Income Tax Officer-3(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Harsha Rice Mills Pvt. Ltd. D-22, Sector-5, Devendra Nagar, Raipur (C.G.)-492 001 Pan : Aabch7123H ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: None

Section 143(3)Section 250(4)

…,500/- as bogus. 6. After treating the impugned purchases in question as bogus the A.O rejected the books of accounts of the assessee u/s.145(3) of the Act. The A.O by relying on the order of the ITAT, Ahmadabad in the case of Vijay Proteins Vs. ACIT, (1996) 58 ITD 428 (Ahd.), and impliedly being of the view that the assessee had purchased the goods in question not from the aforementioned tainted parties from whom only bills were procured for routing the same through its books of account, but had procured such goods at a discounted value from the open/grey market, thus, disallowed 25% of the value of bogus purch…

Harsha Rice Mills Private Limited, Raipur vs. Income Tax Officer, Ward- 3(1), Raipur

In the result, both the appeals of the assessee and revenue are allowed for statistical purposes in terms of our aforesaid observations

ITA 156/RPR/2019[2014-15]Status: DisposedITAT Raipur28 Mar 2023AY 2014-15

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No.156/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 Harsha Rice Mills Pvt. Ltd. D-22, Sector-5, Devendra Nagar, Raipur (C.G.)-492 001 Pan : Aabch7123H .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(1), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं. / Ita No.170/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 The Income Tax Officer-3(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Harsha Rice Mills Pvt. Ltd. D-22, Sector-5, Devendra Nagar, Raipur (C.G.)-492 001 Pan : Aabch7123H ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: None

Section 143(3)Section 250(4)

…,500/- as bogus. 6. After treating the impugned purchases in question as bogus the A.O rejected the books of accounts of the assessee u/s.145(3) of the Act. The A.O by relying on the order of the ITAT, Ahmadabad in the case of Vijay Proteins Vs. ACIT, (1996) 58 ITD 428 (Ahd.), and impliedly being of the view that the assessee had purchased the goods in question not from the aforementioned tainted parties from whom only bills were procured for routing the same through its books of account, but had procured such goods at a discounted value from the open/grey market, thus, disallowed 25% of the value of bogus purch…

Ram Gopal, Hyderabad vs. ITO, Ward-8(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 572/HYD/2022[2010-11]Status: DisposedITAT Hyderabad14 Mar 2023AY 2010-11

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: C.A MrudulathaFor Respondent: Shri KPRR Murthy, DR

Section 131Section 143(2)Section 143(3)Section 147Section 148

…yments and the person who has issued the bills, the appellant could not produce any material to disbelieve the statement of the Hawala parties. A similar issue was elaborately examined in the case of Vijay Proteins Ltd. v. Assistant Commissioner of Income tax 58 ITD 428 (1TAT AHMEDABAD BENCH"C' and the observation is as under:. "It is well known that if purchases are made from open market without insisting for the genuine bills, the suppliers may be willing to sell those products at a much lower rate as compared to the rate which they may charge in case the dealer has to give a genuine sale invoice in respect of…

Ram Gopal, Hyderabad vs. ITO Ward-8(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 571/HYD/2022[2008-09]Status: DisposedITAT Hyderabad14 Mar 2023AY 2008-09

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: C.A MrudulathaFor Respondent: Shri KPRR Murthy, DR

Section 131Section 143(2)Section 143(3)Section 147Section 148

…yments and the person who has issued the bills, the appellant could not produce any material to disbelieve the statement of the Hawala parties. A similar issue was elaborately examined in the case of Vijay Proteins Ltd. v. Assistant Commissioner of Income tax 58 ITD 428 (1TAT AHMEDABAD BENCH"C' and the observation is as under:. "It is well known that if purchases are made from open market without insisting for the genuine bills, the suppliers may be willing to sell those products at a much lower rate as compared to the rate which they may charge in case the dealer has to give a genuine sale invoice in respect of…

Ram Gopal, Hyderabad vs. ITO Ward-8(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 514/HYD/2022[2009-10]Status: DisposedITAT Hyderabad14 Mar 2023AY 2009-10

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: C.A MrudulathaFor Respondent: Shri KPRR Murthy, DR

Section 131Section 143(2)Section 143(3)Section 147Section 148

…yments and the person who has issued the bills, the appellant could not produce any material to disbelieve the statement of the Hawala parties. A similar issue was elaborately examined in the case of Vijay Proteins Ltd. v. Assistant Commissioner of Income tax 58 ITD 428 (1TAT AHMEDABAD BENCH"C' and the observation is as under:. "It is well known that if purchases are made from open market without insisting for the genuine bills, the suppliers may be willing to sell those products at a much lower rate as compared to the rate which they may charge in case the dealer has to give a genuine sale invoice in respect of…

Late Shri Bhimsen Darbarilal Arora, Surat vs. The Asstt. Commissioner of Income Tax, Circle-5, Surat

In the result, ground no.4 raised by assessee is allowed for statistical purposes

ITA 1706/AHD/2016[2010-11]Status: DisposedITAT Surat22 Feb 2023AY 2010-11

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.1706/Ahd/2016 "नधा"रणवष"/Assessment Year: (2010-11) (Physical Court Hearing) Bhimsen Darbarilal Arora Through, Vs. The Acit, Circle-5, L/H. Rajat Bhimsen Arora, Surat. Smt. Mamta Bhimsen Arora, A-201, Madhulika Apartment, Bhatar Road, Surat. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acaps9230L

Section 133ASection 143(3)Section 145(3)Section 68

…0 % of such amount. It is but obvious, there cannot be any sales without having corresponding purchases. The Hon'ble ITAT, Ahmedabad in subsequent decisions has restricted the disallowance to 12.5% instead of 2.5% as adopted in the case of Vijay Proteins Ltd. 55 TTJ 76. Some of the cases are asunder:- (i) M/s. Bholanath Poly Fab P. Ltd. Vs. ITO in ITA No. 137/Ahd/2009 (ii) M/s. Raj Exports Vs. ACIT, in ITA No. 1827/Ahd/2005 (iii) M/s. Sanket Steel Traders Vs. ITO, in ITA No. 2801/And/2008 (iv) Smt Sajjandevi B. Jain Vs. ITO, OSD-1, in ITA No. 609/And/2009 (v) ACIT Vs. Kulubi Steel, in ITA No. 1568/And/2008 10.6 I…

Income Tax Officer, Ward 1(2), Raipur vs. Mesers Mamraj and Sons, Raipur

In the result, appeals of the assessee and revenue are allowed for statistical purposes in terms of our aforesaid observations

ITA 226/RPR/2019[2014-15]Status: DisposedITAT Raipur06 Feb 2023AY 2014-15

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.209/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 M/S. Mamraj & Sons Bhatapara Road, Tah.-Tilda, Raipur-493 225 Pan : Aadfm8888K .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(2), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं. / Ita No.226/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 The Income Tax Officer-1(2), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Mamraj & Sons Bhatapara Road, Tah.-Tilda, Raipur-493 225 Pan : Aadfm8888K ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal &For Respondent: Shri Piyush Tripathi, Sr. DR

Section 143(2)Section 143(3)Section 145(3)

…of the value of the impugned bogus/unsubstantiated purchases. In fact, the only reason which can be gathered from a perusal of the assessment order is the reliance placed by the A.O on the order of the ITAT, Ahmedabad in the case of Vijay Proteins Ltd. (1996) 58 ITD 428 (Ahd.). Apart from that, we are also not impressed with the manner in which the CIT(Appeals) had scaled down the disallowance to 2.90%. We, say so, for the reason that the CIT(Appeals) had not given any basis or logic for adopting 10% as a base figure out of which the assessee’s disclosed GP rate of 7.1% was reduced for arriving at the aforesaid f…

Mesers Mamraj and Sons, Raipur vs. Income Tax Officer, Ward 1(2), Raipur

In the result, appeals of the assessee and revenue are allowed for statistical purposes in terms of our aforesaid observations

ITA 209/RPR/2019[2014-15]Status: DisposedITAT Raipur06 Feb 2023AY 2014-15

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.209/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 M/S. Mamraj & Sons Bhatapara Road, Tah.-Tilda, Raipur-493 225 Pan : Aadfm8888K .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(2), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं. / Ita No.226/Rpr/2019 "नधा"रण वष" / Assessment Year : 2014-15 The Income Tax Officer-1(2), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Mamraj & Sons Bhatapara Road, Tah.-Tilda, Raipur-493 225 Pan : Aadfm8888K ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal &For Respondent: Shri Piyush Tripathi, Sr. DR

Section 143(2)Section 143(3)Section 145(3)

…of the value of the impugned bogus/unsubstantiated purchases. In fact, the only reason which can be gathered from a perusal of the assessment order is the reliance placed by the A.O on the order of the ITAT, Ahmedabad in the case of Vijay Proteins Ltd. (1996) 58 ITD 428 (Ahd.). Apart from that, we are also not impressed with the manner in which the CIT(Appeals) had scaled down the disallowance to 2.90%. We, say so, for the reason that the CIT(Appeals) had not given any basis or logic for adopting 10% as a base figure out of which the assessee’s disclosed GP rate of 7.1% was reduced for arriving at the aforesaid f…

Assistant Commissioner of Income Tax-25(3), Mumbai vs. Span Associates, Mumbai

In the result the appeal of the Revenue is dismissed

ITA 4258/MUM/2017[2011-12]Status: DisposedITAT Mumbai30 Dec 2022AY 2011-12

Bench: Shri Om Prakash Kant () Before Shri Om Prakash Kant () Before Shri Om Prakash Kant () & Shri Rahul Chaudhary () Shri Rahul Chaudhary () Shri Rahul Chaudhary () Assessment Year: Assessment Year: 2011-12

For Appellant: Mr. Vijay Mehta, ARFor Respondent: Mr. Manish Ajudiya, DR

Section 40A(3)

…onsidered in sold as reflected in it's books of account. The issue has been considered in several judicial pronoun several judicial pronouncements including in the case of Vijay proteins Ltd. cements including in the case of Vijay proteins Ltd. Vs ACIT (1996) 58 ITD 428 (Ahd.) and CIT v. Sanjay Oil Cake Industries v. Vs ACIT (1996) 58 ITD 428 (Ahd.) and CIT v. Sanjay Oil Cake Industries v. Vs ACIT (1996) 58 ITD 428 (Ahd.) and CIT v. Sanjay Oil Cake Industries v. CIT (2009) 316 ITR 274 (Guj.)(HC) wherein it was held that not the entire ITR 274 (Guj.)(HC) wherein it was held that not the entire ITR 274 (Guj.)(HC) w…

M/S. Ratnaveer Stainless Products Pvt. Ltd., Vadodara vs. The Asstt. Commissioner of Income Tax, Circle-4, Baroda

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 1116/AHD/2017[2010-11]Status: DisposedITAT Ahmedabad16 Dec 2022AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri B.P. Makwana, Sr. DR

Section 143(3)Section 234ASection 271(1)(c)

…account Customs duty of Rs.37,14,652/- while making G.P. estimation. 9. The Ld. DR relied upon the Assessment Order and the Order of the CIT(A). The Ld. DR further submitted that in the decision of the Tribunal in the case of Vijay Proteins Limited vs. ACIT, 58 ITD 428 the GP estimated was @ 25% in case of bogus purchases and, therefore, the addition was that of 23.4% which is correctly made by the Assessing Officer. 10. We have head both the parties and perused all the materials available on record. The CIT(A) observed that the assessee was importing duty free inputs under various advances authorisations and s…

Nagin G. Suthar, Mumbai vs. ITO 22 (2)(4), Mumbai

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

ITA 3185/MUM/2019[2009-10]Status: DisposedITAT Mumbai30 Nov 2022AY 2009-10

Bench: Shri M. Balaganesh, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Shri Bhupendra ShahFor Respondent: 07.09.2022

Section 143(3)Section 250

…wherein the A.O. made an addition on the bogus purchases made by the assessee during the impugned years. The A.O. made an addition of 25% of the impugned purchases relying on the ratio of decision in the case of M/s. Vijay Proteins Ltd. vs. Asst. CIT [1996] 58 ITD 428 (Ahd.). 5. The assessee aggrieved by this was in appeal before the ld. CIT(A) who passed a consolidated order for A.Ys. 2009-10 to 2012-13 by restricting the addition to 12.5% by (AYs: 2009-10 to 2012-13) Nagin G. Suthar vs. ITO relying on the decision of the Hon’ble Gujarat High Court in the case of CIT vs. Simit P. Sheth (2013) 356 ITR 451(Guj…

Deputy Commissioner of Income Tax, Circle- 1(1), Raipur vs. Mesers Bhagwati Industries, Raipur

In the result, appeal of the revenue is partly allowed in terms of our aforesaid observations

ITA 184/RPR/2019[2013-14]Status: DisposedITAT Raipur17 Oct 2022AY 2013-14

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.184/Rpr/2019 "नधा"रण वष" / Assessment Year : 2013-14 The Assistant Commissioner Of Income Tax, Circle-1(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Bhagawati Industries Behind Samrat Talkies, Station Road, Raipur-492 001 (C.G.) Pan : Aaifk4253H ……""यथ" / Respondent

For Appellant: S/shri G.S. Agarwal, Adv. &For Respondent: Shri G.N Singh, Sr. DR

Section 131Section 250(4)Section 69C

…3.2 After treating the impugned purchases in question as bogus the A.O rejected the books of accounts of the assessee u/s.145(3) of the Act. The A.O by relying on the order of the ITAT, Ahmadabad in the case of in the case of Vijay Proteins Vs. ACIT, (1996) 58 ITD 428 (Ahd.), impliedly being of the view that the assessee had purchased goods in question not from the aforementioned tainted parties from whom only bills were procured for routing the same through its books of account, but had procured the same from the open/grey market, thus, made a disallowance of 25% of the value 9 ACIT , Circle 1(1) Vs. M/s. Bh…

Vijay Proteins Ltd. v. Asst. CIT

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