Vijay Proteins Ltd. v. Asst. CIT

ACIT - 22 (3), Mumbai vs. Walpha Engineering, Mumbai

In the result, the appeal for A

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble

…, saving of transportation charges and various taxes etc. The AO has rightly disallowed part of the purchases claimed such hawala dealers. In the present case, the ratio of the judgment of Hon'ble Gujarat High Court in the case of M/s Vijay Proteins Ltd. (996 58 ITD 428 Ahd) is applicable to the facts and circumstances of the appellant's case. The judgment of Vijay Protein (supra) is a judgment related to manufacturing concern where all the documents were threadbare analyzed and 25% disallowance on purchase was upheld. Here, the Hon’ble Court has held that disallowance of 25% of the purchases from such hawala dea…

ACIT - 22 (3), Mumbai vs. Walpha Engineering, Mumbai

In the result, the appeal for A

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble

…, saving of transportation charges and various taxes etc. The AO has rightly disallowed part of the purchases claimed such hawala dealers. In the present case, the ratio of the judgment of Hon'ble Gujarat High Court in the case of M/s Vijay Proteins Ltd. (996 58 ITD 428 Ahd) is applicable to the facts and circumstances of the appellant's case. The judgment of Vijay Protein (supra) is a judgment related to manufacturing concern where all the documents were threadbare analyzed and 25% disallowance on purchase was upheld. Here, the Hon’ble Court has held that disallowance of 25% of the purchases from such hawala dea…

ITO 27 (2)(4), Mumbai vs. Niket Rajesh Shah, Mumbai

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

…in Tax Appeal No. logo of 2009 and in case of Commissioner of Income Tax-I Vs. Bholanath Poly Fab Pvt. Ltd. vide order dated 23.10.2012 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." 5.4.3 Similarly, while dealing with an identical issue, in the case of UT, Vs. Bholanath 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:- "We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whe…

ACIT Cir. 1, Kalyan vs. Kaka Rayon, Bhiwandi

In the result, the appeals are allowed for statistical purposes

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2011-12

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “H” MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2011-12 M/s Kaka Rayon ACIT, Circle-1 S 29/B, Dwarkanath Compound, Vs. Mohan Plaza, Wayle Nagar, Khadak Village Kariwali, Bhiwandi, Pada Kalyan-421301. Thane-421302 PAN No. AAHFK2626H Appellant Respondent Assessment Year: 2011-12 Asstt. Commissioner of Income Tax, M/s Kaka Rayon Circle-1, Vs. S 29/B, Dwarkanath Compound, 1st Floor, Mohan Plaza, Wayale Village Kariwali, Bhiwandi, Nagar, Kalyan West-421301. Thane-421302 PAN No. AAHFK2626H Appellant Re…

ITO 26(2)(3), Mumbai vs. Niyaz Ahmed Samiullah Khan, Mumbai

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

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.7043/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) Ito 26(2)(3) बिधम/ Niyaz Ahmed Samiullah Bldg. No. C-11, 7Th Floor,, Khan Vs. Room No. 711, Pratykshakar Room No.3, Sangam Mkt, Bhavan, Bkc, Bandra (E), 90 Feet Road, Khadi No. 3 Mumbai-400051. Netaji Nagar, Saki Naka, Mumbai-400072. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Agupk0087D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri V. Tripathi (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 26/10/2020 घोषणा की तारीख /Date Of Pronouncement: 12/11/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 29.06.2018 Passed By The Commissioner Of Income Tax (Appeals) -38, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: -

…n such purchases would be subjected to tax. The Hon’ble Tribunal relied on its earlier decision in the case of M/s Saket Steel Traders vs ITO (ITA No. 2801/Ahd/2008 dated 20/05/2008) and also made reference to the decision in the case of Vijaya Protein Vs CIT 58 ITD 428 (Ahd). On appeal by the department filed in the case of Bholanath Poly Fab Pvt. Ltd, the Hon’ble High Court dismissed the appeal and concurred 'with the findings of Hon’ble Tribunal that not entire purchase price but profit element embedded in such purchases would be liable to tax. 9.14 Thus in view of the above facts and circumstances of the case…

Vaghasiya Exports, Mumbai vs. Pr.CIT-32, Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10 M/S. Vaghasiya Exports, Pr. Cit-32, C-11, Bharat Diamond Bourse, 2Nd Floor, Ae-2080, Pratyakshakar Bhavan, 2Nd Floor, Vs. Bandra Kurla Compex, Bandra Kurla Compex, Bandra (E), Bandra East, Mumbai Mumbai – 400 051 Pan: Aaafv 2061Q (Appellant) (Respondent) Present For: Assessee By : Shri K. Shivram, A.R. & Shri Rahul Hakani, A.R. Revenue By : Shri Sushil Kumar Poddar, D.R. Date Of Hearing : 21.08.2020 Date Of Pronouncement : 28.09.2020 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.03.2018 Of The Principal Commissioner Of Income Tax [Hereinafter Referred To As The Pcit Relevant To Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under: “Order Passed U/S. 263 Is Bad-In-Law & Liable To Be Quashed 1. The Ld. Pr. Cit Erred In Issuing Notice U/S.263 Of The Act Based Upon The Proposal Received From Ito / Jt. Cit & Not By Suo-Moto Examination Of Records & Application Of Mind & Thus, The Revision Proceedings U/S 263 Of The Act Are Carried Out Upon The Directions Of Ito / Jt. Cit Is Contrary To The Provisions Of Sec. 263 Of The Act & Hence, Bad In Law & Liable To Be Quashed.

…he decision of Hon’ble Supreme Court in the case of Kunhayammed vs. State of Kerala (2000) 245 ITR 360 (SC). Similarly, SLP against the decision of Hon’ble Gujarat High Court, confirming the order of Tribunal in the case of Vijay Proteins Ltd. vs. ACIT (1996) 58 ITD 428 Ahmedabad sustaining of 25% of the alleged bogus purchases, has been dismissed in Vijay Protein Ltd. vs. CIT SLP No.8956/2015 dated 06.04.2015. Therefore, the observations and opinion of Ld. PCIT that the law mandates to tax the entire bogus purchases can not be accepted. Finally, the Ld. A.R. prayed that in view of the aforesaid legal position th…

ACIT - 32 (3), Mumbai vs. Rajiv R. Ahuja, Mumbai

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

…such estimation. While arriving at the above conclusion, the Hon'bie Court also relied on the decision in the case of Vijay M. Mistry Construction Ltd. 355 ITR 498 (Guj.) and further approved the decision of Ahmedabad Bench, ITAT in the case of Vijay Proteins 58 ITD 428. 6.2.30 In the case of Vijay Proteins (supra), the Hon’ble ITAT was seized with a case of bogus suppliers of oil cakes where 33 parties were found to be bogus by the departmental authorities even though payments were made to the said parties by cross cheques and in fact 3 Rajiv R. Ahuja the A.O. in that case had brought adequate material on reco…

Shobhagadevi, Mumbai vs. ITO-19(3)(3), Mumbai

In the result, appeal of the assessee is partly allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blesmt Shobhagadevi Amritlal Jain V. Income Tax Officer – 19(3)(3) 56/72, Room No. 6 Room No. 224, Matru Mandir Durgadevi Street, Asma Building Tardev Road, Mumbai – 400 007 Mumbai-400 004 Pan: Adlpj7969H (Appellant) (Respondent) Assessee By : Shri Dhaval Shah Department By : Shri Udaya B. Jakke

…milar view in the case of CIT v. Vijay M. Mistry Construction Ltd. [2013] 355 ITR 498 (Guj) and in the case of CIT v. Bholanath Poly Fab (P.) Ltd. [2013] 355 ITR 290 (Guj). The view taken by the Tribunal in the case of Vijay Proteins Ltd. v. Asstt. CIT [1996] 58 ITD 428 (Ahd.) came to be approved. If the entire purchases were wholly bogus and there was a finding of fact on record that no purchases were made at all, 7 Smt Shobhagadevi Amritlal Jain counsel for the revenue would be justified in arguing that the entire amount of such bogus purchases should be added back to the income of the assessee. Such were the…

ITO-30(3)(4), Mumbai vs. Tejinderpalsingh Pritamsingh Bath, Mumbai

In the result, appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Bletejinderpalsingh Pritamsingh Bath Income Tax Officer – 30(3)(4) V. Monarch International R.No. 604, 6Th Floor, C-13 208, Vijay Industrial Estate Pratyakshkar Bhavan, Chincholi Bunder Link Road Bandra Kurla Complex Nr. Shakti Mill, Malad(W) Bandra (E), Mumbai – 400 051 Mumbai – 400 064 Pan: Adopb6680J (Appellant) (Respondent) Assessee By : None Department By : Shri Anoop Hiwase

…in Tax Appeal No. 1090 of 2009 and in case of Commissioner of Income Tax-1 vs. Bholanath Poly Fab Pvt. Ltd. vide order doled 23.10.2012 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. " 7 Tejinderpalsingh Pritamsingh Bath 5.2.7 In view of the facts and circumstances and the judicial pronouncements cited above, disallowance in the instant case of the alleged bogus purchases can be resorted to the extent of excess profit element embedded in such purchases shown to have been made from these parties. Apart fro…

Menora Associates, Mumbai vs. ITO 27 (1)(1), Mumbai

In the result, appeal filed by the assesse is dismissed

Bench: Shri Saktijit Dey & Shri G. Manjunathamenora Associates Vs. Ito-27(1)(1) 4Th Floor, Tower No.6 101, Titan House M.P. Vaidya Marg Railway Station Ghatkopar(E) Commercial Complex Mumbai-400 077 Vashi, Navi Mumbai Mumbai-400 703

…in Tax Appeal No. 1090 of 2009 and in case of Commissioner of Income Tax-I vs. Bholanath Poly Fab Pvt. Ltd. vide order dated 23.10.2012 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." 5,2.5 Similarly, while dealing with an identical Issue, in the case of CIT, Vs. Bholanath 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:- "We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or w…

Shri Maganlal M. Patel, Mumbai vs. ITO 22(1)(3), Navi Mumbai

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

Bench: Shri Saktijit Dey & Shri G. Manjunathamaganlal M.Patel Vs. Ito-27(2)(2) 4Th Floor, Tower No.6 502, New Vishwajyoti Apartment Railway Station Balaji Lane, Tilak Road Commercial Complex Op. Balaji Mandir, Vashi, Navi Mumbai Ghatkopar(E) Mumbai-400 703 Mumbai-400 077

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC”, BENCH MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER Maganlal M.Patel Vs. ITO-27(2)(2) 4th Floor, Tower No.6 502, New Vishwajyoti Apartment Railway Station Balaji Lane, Tilak Road Commercial Complex Op. Balaji Mandir, Vashi, Navi Mumbai Ghatkopar(E) Mumbai-400 703 Mumbai-400 077 PAN/GIR No.AABPP4490L Appellant) .. Respondent) Revenue by Shri. Aktar.H.Ansari, DR Assessee by Ms. Ruchi Rathold, AR Date of Hearing 20/01/2020 Date of Pronouncement 29/01/2020 आदेश आदेश / O R D E R आदेश आदेश PER G.MANJUNATHA (A.M): This appeal…

Acg Arts & Properties P.Ltd, Mumbai vs. DCIT Cen Cir 42, Mumbai

The appeal stands allowed for statistical purposes

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No. 2749/Mum/2014 (िनधा"रण वष" / Assessment Year: 2008-09) Acg Arts & Properties Pvt. Ltd. Dcit-Central Circle-42 बनाम/ 1001, Dalamal House Aaykar Bhavan 10Th Floor, Nariman Point M.K.Road Vs. Mumbai – 400 021 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacu-0615-L (अपीलाथ" /Appellant) (""थ" / Respondent) :

…applying the test of human probabilities. Human minds may differ as to the reliability of a piece of evidence." (vi) The Hon'ble ITAT, Ahmedabad Bench has upheld the addition made under section 69C of the Act in the case of Vijay Proteins Ltd. vs. ACIT (1996) 55 TTJ 76 (Ahm.) in similar circumstances. 7.8 Thus, it is clear that the settled position is that the onus lay upon the appellant to prove the genuineness of the purchase transaction claimed by the appellant as genuine. However, this onus has not been discharged by the appellant. In this regard, reliance is also placed on the judgement of the Hon'ble Rajast…

ITO 32(1)(5), Mumbai vs. Smt. Hina Arvind Shah, Mumbai

In the result, appeal of the revenue is dismissed

Bench: Shri R.C.Sharmai.T.O.-32(1)(5), Vs. Smt. Hina Arvind Shah, Room No. 203, 2Nd Floor, B-14, Rajdeep Co-Op Hsg C-11, Pratyakshkar Society, Carter Road No. 01, Bhavan, Bandra Kurla Boriwali (E), Mumbai- Complex, Bandra (E), 400066. Mumbai-400051. Pan/Gir No. Bfdps 6261 J (Appellant) .. (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER I.T.O.-32(1)(5), Vs. Smt. Hina Arvind Shah, Room No. 203, 2nd Floor, B-14, Rajdeep Co-Op HSG C-11, Pratyakshkar Society, Carter Road No. 01, Bhavan, Bandra Kurla Boriwali (E), Mumbai- Complex, Bandra (E), 400066. Mumbai-400051. PAN/GIR No. BFDPS 6261 J (Appellant) .. (Respondent) Revenue by Shri Akhtar H Ansari (DR) Assessee by Shri Dhaval Shah (AR) Date of Hearing 14/01/2020 Date of Pronouncement 20/01/2020 आदेश / O R D E R PER: R.C. SHARMA, A.M. This is the appeal filed by the revenue against the order of th…

ITO 19(3)(3), Mumbai vs. Shyamsundaram P Chauhan, Mumbai

In the result, appeal of the revenue is dismissed

Bench: Shri R.C.Sharmai.T.O.-19(3)(3), Vs. Shri Shyamsundar P. 2Nd Floor, Room No. 201, Chauhan, Matru Mandir, Tardeo Prop Of Pratap Steel, Shop Road, Mumbai-07 No. 4, Tulsi Building, 178, Khetwadi Back Road, Mumbai-400004. Pan/Gir No. Aefpc 1885 A (Appellant) .. (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER I.T.O.-19(3)(3), Vs. Shri Shyamsundar P. 2nd Floor, Room No. 201, Chauhan, Matru Mandir, Tardeo Prop of Pratap Steel, Shop Road, Mumbai-07 No. 4, Tulsi Building, 178, Khetwadi Back Road, Mumbai-400004. PAN/GIR No. AEFPC 1885 A (Appellant) .. (Respondent) Revenue by Shri Akhtar H Ansari (DR) Assessee by Shri Raj Kumar Singh (AR) Date of Hearing 14/01/2020 Date of Pronouncement 20/01/2020 आदेश / O R D E R PER: R.C. SHARMA, A.M. This is the appeal filed by the revenue against the order of the ld. CIT(A)-54, Mumba…