“bogus purchases”

Asst. CIT Circle-9 (3)(1), Mumbai vs. M/S Devu Tools Pvt Ltd., Mumbai

In the result, the appeal stands dismissed

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode)

Commissioner of Income Tax (Appeals)-16 Mumbai [CIT(A)] dated 30/07/2019 which has granted partial relief to the assessee on account of alleged bogus purchases. 2. At the time of hearing, none appeared for assessee. However, the material on record was sufficient for disposal of the appeal ... estimated the additions @10%. It was noted that Ld. AO had not doubted the consumption / sales and therefore, the motive behind obtaining bogus purchase bills was to suppress true profits. Aggrieved, the revenue is in further appeal before us. 6. After going impugned order, we find that

Amod Exports, Mumbai vs. ACIT 31 (1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadaleassessment Year: 2011-12 Amod Exports, Acit-31(1), 163/164, New Satguru Industrial Aayakarbhavan, M.K. Road, Estate, Western Express Highway, Mumbai-400020. Vs. Goregaon, Mumbai-400063 Pan No. Aabfa 2229 C Appellant Respondent Assessee By : Mr. Vimalpunmiya, Ar Revenue By : Mr. Brajendra Kumar, Dr

further information on genuineness of the transactions . The AO found there is no satisfactory explanations of the assessee. Hence the A.O. made addition of bogus purchase of Rs.1,86,712/- and 10% ad-hoc disallowance of expenses Rs.3,30,129/- and assessed the total loss of Rs.1 ... considering the grounds of appeal of the assessee and findings of the Assessing Officer on the issue of addition of 100% addition of bogus purchase, the Ld. CIT(A) has confirmed the Assessing Officer action and in the other grounds of appeal a relief was granted and partly allowed

Deputy Commissioner of Income Tax -9(2)(2), Mumbai vs. M/S Ems Electricals & Engineering, Mumbai

In the result, appeal is dismissed

Bench: Shri Saktijit Dey & Shri Rajesh Kumarassessment Year: 2009-10 Dcit – 9(2)(2), M/S Ems Electricals & Room No. 655A, 6Th Floor, Engineering Pvt. Ltd., Aayakar Bhavan, Churchgate, 1, Archana Smruti, Mahakali Mumbai - 400020 Vs. Caves Road, Andheri (East), Mumbai - 400093 Pan: Aaace6785H (Appellant) (Respondent) Revenue By : Shri Vijay Kumar Menon (Dr) Assessee By : None Date Of Hearing: 28/06/2021 Date Of Pronouncement: 20/07/2021

information received Assessment Year: 2009-10 from Sales Tax Authorities indicating that the assessee is a beneficiary accommodation bills provided by way of bogus purchases amounting to Rs. 15,10,247/-, the Assessing Officer (AO) reopened the assessment under section 147 of the Act. In course of assessment proceedings

Hema C. Shah, Mumbai vs. ACIT- CC-5(4), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Ravish Soodassessment Year: 2008-09

this case also, the AO reopened the assessment on the reasoning that the said assessee has availed accommodation entries by way of bogus purchase bills. It was noticed that the assessee had actually received share application money. Accordingly it was held that the reopening of assessment ... nature of entry and amount was provided. However, while recording the reasons, the Assessing Officer has written that the assessee has obtained entries of bogus purchases. Further in finally recorded the satisfaction to issue the notice U/s 148 of the Act, the Assessing Officer has recorded the reasons, which

ITO 32 (2)(5), Mumbai vs. Shri. Pareshkumar Himatlal Shah, Mumbai

The appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar () & Shri Ravish Sood () Ita Nos. 49 To 51/Mum/2020 (Assessment Years: 2009 – 10 To 2011-12) Income Tax Officer -32(2)(5) Shri Pareshkumar Himatlal 719, 7Th Floor, Kautilya Bhavan, Vs. Shah, 301 Narbada Nivas Rc C-41 To C-43, G Glock Bkc, Patel Road, B/H Icici Bank Bandra East, Borivali West, Mumbai 400 051 Mumbai – 400 092

Rs.7,58,217/- without appreciating the facts that the assessee claimed bogus purchases in its return of Income thereby making himself liable for Penalty u/s 271(1)(C) of the Act, 1961. 4. On the facts and in the circumstances of the case, The Hon'ble ITAT is requested ... income of Rs.7,64,960/-. Subsequently, on the basis of information received by the A.O that the assessee as a beneficiary had obtained certain bogus purchase bills aggregating to Rs.1,74,43,835/-, his case was reopened u/s 147 of the Act. 3. During the course of the assessment proceedings

Bhakati Enterprises, Mumbai vs. ACIT 30(1)(1), Mumbai

In the result, both the appeals of the assessee are partly allowed

Bench: Us, We Proceed To Dispose Of These Appeals On Hearing The Ld. Dr & On Perusing The Materials Available On Record.

Choudhary group persons had floated various companies which are engaged in the business of providing accommodation entries in the form of bogus unsecured loans, bogus purchases, bogus capital gains and since assessee also was one of the beneficiaries by obtaining bogus purchases to the tune of Rs.5 ... assessee for both the years is hereby dismissed. 5. The ground No.2 raised by the assessee is challenging addition made on account of bogus purchases. 5.1. We have heard ld. DR and perused the material available on record as stated earlier. The ld. AO observed that assessee has made purchases

ITO Ward 6 (3)(3), Mumbai vs. J.K.Switchgears & Kable Pvt. Ltd., Mumbai

Appeal of the Revenue is dismissed, sans merit

Bench: Shri Vikas Awasthyआअसं. 7058/मुं/2019 (िन.व.2009-10) आअसं. 7059/मुं/2019 (िन.व.2010-11) Ito-6(3)(3), Room No. 524, 5Th Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. ...... अपीलाथ' /Appellant बनाम Vs. J.K. Switchgears & Kable Pvt. Ltd. 124, 2Nd Floor, Narayan Dhuru Street, Nagdevi, Mumbai-400003. Pan: Aabcj0422H ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : None सुनवाई क, ितिथ/ Date Of Hearing : 03/05/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 16/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: These Two Appeals By The Revenue Are Directed Against The Order Of Commissioner Of Income Tax (Appeals)-12, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] For The Assessment Years (Ay) 2009-10 & 2010-11, Respectively.

Thus, the Assessing Officer (AO) made addition of entire unproved purchases. In first appellate proceedings, the CIT(A) restricted the disallowance in respect of bogus purchases to Rs. 18,229/- by estimating profit margin on such purchases at 12.5%. The Revenue is in appeal against the relief granted ... Departmental Representative (DR) prayed for restoring 100% disallowance made by AO on bogus purchases. 4. Submissions made by ld. DR heard, orders of the authorities below examined. Undisputedly, the assessee has failed to discharge its onus in proving genuineness of the dealers and the purchases made from them

ITO 20 (3)(2), Mumbai vs. M/S Royal Plastics, Mumbai

Appeal of the Revenue is dismissed, sans merit

Bench: Shri Vikas Awasthyआअसं. 6264/मुं/2019 (िन.व.2009-10) Ito-20(3)(2), Room No. 612, 6Th Floor, Piramal Chamber, Lalbaug, Parel, Mumbai-400012. ...... अपीलाथ' /Appellant बनाम Vs. M/S Royal Plastics 506, Milan Industrial Estate, Abhyudaya Nagar, Cotton Green Mumbai-400033. Pan: Aaafr4437L ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : Ms. Ruchi Rathod सुनवाई क, ितिथ/ Date Of Hearing : 03/05/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 16/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Against The Order Of Commissioner Of Income Tax (Appeals)-32, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 10.07.2019 For The Assessment Year (Ay) 2009-10. 2. Ms. Smita Verma Representing The Department Submitted That During The Period Relevant To Assessment Year (Ay) Under Appeal, The Assessee

Department submitted that during the period relevant to Assessment Year (AY) under appeal, the assessee आअसं. 6264/मुं/2019 (िन.व.2009-10) obtained bogus purchase bills from M/s Shree Nakodaji Impex Rs. 8,98,974/- and M/s Entech Enterprises of Rs. 6,06,906/-. The name of both ... receipts, etc. to prove trail of goods. Since, the AO accepted the sales turnover declared by the assessee, he estimated Gross Profit (GP) on bogus purchases at 12.5%. In first appellate proceedings, the CIT(A) restricted the GP on bogus purchases to 11%. The ld. DR prayed for restoring

Harakchand T. Sanghvi, HUF, Mumbai vs. ITO 19 (1)(5), Mumbai

In the result, appeal by assessee is partly allowed in the terms aforesaid

Bench: Shri Vikas Awasthyआअसं. 6232/मुं/2019 ("न.व. 2009-10) M/S. Harakchand T. Sanghvi, 213, Dr.M.G.Mahim Tura Marg, Mehta Mension No.1, 4Th Floor,Room No.19, Mumbai 400 004. Pan: Aaahh-6219-J ...... अपीलाथ" /Appellant बनाम Vs. The Income Tax Officer – 19(1)(5), Matru Mandir, Tardeo Road, Mumbai 400 007. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Ms. Smita Verma सुनवाई क" "त"थ/ Date Of Hearing : 03/05/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 16/07/2021 आदेश/ Order

assessment in the case of assessee for assessment year 2009-10 was reopened on the ground that the assessee has indulged in obtaining bogus purchase bills from suspicious dealers. During the course of assessment proceedings the Assessing 2 Officer found that the assessee has obtained accommodation bills aggregating to Rs.38 ... proving genuineness of the dealers and the purchases made from them. The Assessing Officer after rejecting the books of assessee estimated profit margin on bogus purchases at 12.5% and made addition of Rs.4,82,729/-. Aggrieved by the assessment order dated 21/03/2015 passed under section 143(3) r.w.s

Salem Steel Industries, Mumbai vs. ITO 19 (3)(2), Mumbai

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthyआअसं. 6230/मुं/2019 (िन.व.2010-11) M/S Salem Steel Industries 27/29, Sindhi Lane, Mumbai-400004 Pan: Aaofs8839D ...... अपीलाथ' /Appellant बनाम Vs. Ito-19(3)(2), Matru Mandir, Room No. 224, Tardeo Road, Mumbai-400007. ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : None (ितवाद* +ारा/Respondent By : Ms. Smita Verma सुनवाई क, ितिथ/ Date Of Hearing : 03/05/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 16/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-30, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 10.08.2018 For The Assessment Year (Ay) 2010-11. 2. During The Course Of Assessment Proceedings, The Assessing Officer (Ao) Found That The Assessee Has Obtained Bogus Purchase Bills From M/S Siddhivinayak Corporation Amounting To Rs. 61,922/-. Since, The Assessee

Assessment Year (AY) 2010-11. 2. During the course of assessment proceedings, the Assessing Officer (AO) found that the assessee has obtained bogus purchase bills from M/s Siddhivinayak Corporation amounting to Rs. 61,922/-. Since, the assessee आअसं. 6230/मुं/2019 (िन.व.2010-11) failed to discharge its onus ... Hence, ground no.1 to 3 of appeal are dismissed. 4. In ground No.4 of appeal, the assessee has raised alternate contention assailing addition on bogus purchases confirmed by the CIT(A). The prayer of the assessee is to restrict GP on alleged unproved purchases to GP already declared

ITO 32 (2)(4), Mumbai vs. Om Enterprises, Mumbai

Appeal of the Revenue is dismissed, sans merit

Smita Verma representing the Department submitted that during the period relevant to Assessment Year (AY) under appeal, the assessee has obtained bogus purchase bills aggregating to Rs. 19,08,358/- from the dealers, declared as hawala operators by the Sales Tax Department, Government of Maharashtra. During assessment proceeding, the assessee ... made from them. The sales turnover declared by the assessee has been accepted by the AO, therefore, the AO has estimated profit margin on bogus purchases at the rate of 30%. In first appellate proceedings, the CIT(A) upheld the findings of AO in so far as assessee’s आअसं

ITO 31 (1)(1), Mumbai vs. Anant S. Rajguru, Mumbai

dated 01.04.2019 for the Assessment Year (AY) 2010-11. 2. Ms. Smita Verma representing the Department submitted that the assessee has obtained bogus purchase bills amounting to Rs. 3,20,312/- from M/s Shree Ram Steel during the period relevant to the AY under appeal. The आअसं. 6223/मुं/2019 ... trail of goods. The Assessing Officer (AO) after examining the facts of case estimated the Gross Profit (GP) at the rate of 29% on bogus purchases of Rs. 1,60,433/- and made addition of Rs. 46,525/- and added back entire unproved purchases to the tune

ITO 33 (1)(5), Mumbai vs. Harshad M. Padia, Mumbai

Appeal of the Revenue is dismissed, sans merit

dated 05.04.2019 for the Assessment Year (AY) 2009-10. 2. Ms. Smita Verma representing the Department submitted that the assessee has obtained bogus purchase bills aggregating to Rs. 18,85,322/- from आअसं. 6218/मुं/2019 (िन.व.2009-10) various (6) dealers, declared as hawala operators by the Sales ... suspicious dealers and purchases made from them. Since, the AO accepted sales turnover declared by assessee, the AO estimated profit margin on alleged bogus purchases at 20%. The AO made entire addition on alleged bogus purchase in respect of M/s Aayushi Enterprises as the said vendor had denied any business