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“Section 145(3)”

Section References (mined)Section 145Section 145(3)2,270 judgments

The decision most relied on for Section 145(3) is CIT v. Woodward Governor India Pvt. Ltd. (312 ITR 254), cited in 968 judgments on BharatTax.

Leading authorities on Section 145(3)

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

Kedarnath Jute Mfg. Co. Ltd. v. CIT
82 ITR 363 · 1971 · Supreme Court
654
citing judgments

Tax liability for an item of income or expenditure is determined solely by the provisions of the Income-tax Act. Entries in an assessee's books of account are not conclusive and do not govern the taxability or deductibility of an item, as the legal rights and obligations under the Act prevail.

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

CIT v. President Industries
258 ITR 654 · 2002 · High Court
471
citing judgments

When books of account are rejected and unaccounted sales or receipts are discovered, the income addition is restricted to the net profit element embedded in these undisclosed transactions, not the entire sale proceeds or receipts, especially if corresponding purchases are not proven to be outside the books.

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

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.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

Kachwala Gems v. JCIT
288 ITR 10 · 2007 · Supreme Court
332
citing judgments

In a best judgment assessment, some guesswork is inherent, but the estimate must be fair and not arbitrary. Books of account can be rejected under Section 145(3) if the assessee fails to substantiate entries or prove the genuineness of transactions, leading to estimation of income.

Judgments citing Section 145(3)

Biren Suresh Karani, Mumbai vs. ITO-31(1)(3), Mumbai

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

ITA 1577/MUM/2023[2009-10]Status: DisposedITAT Mumbai04 Aug 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 1577/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) & आयकर अपील सं/ I.T.A. No. 1076/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) & आयकर अपील सं/ I.T.A. No. 1077/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Biren Suresh Karani बिधम/ Ito-31(1)(3) C-13, 3Rd Floor, Pratyakshakar Flat No.1101, Shreyas Vs. Apartments, Sarjan Chsl, Bhawan, Bandra Kurla Lallubhai Shamaldas Road, Complex, Bandra (E), Andhei West, Mumbai- Mumbai-400051. 400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aampk6502D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mehul Shah Revenue By: Shri Dharamvir D. Yadav (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 04/08/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 05.04.2023 & Order Dated 21.09.2022 For Ay. 2009-10 To 2011-12. 2. At The Outset, The Ld. Ar Of The Assessee Submitted That The Issue Permeating In All The Assessment Years Are The Same Except Difference In Sum/Figures. & It Is Noted That Even Though, The Assessee In Ay. 2009-10, Has Raised Ground No. 2, It Has Not Been Pressed [I.E. For Ay 2009-10, According To Ao, The Purchase Made By

For Appellant: Shri Mehul ShahFor Respondent: Shri Dharamvir D. Yadav (Sr. AR)

assessee has not computed the income in accordance with the accounting standard notified u/s 145(2) of the Act. Therefore, condition for invoking section 145(3) of the Act as per section 145(1) & (2) of the Act was not satisfied. However, if the expenses/sales are not verifiable (if there

Biren Suresh Karani, Mumbai vs. ITO-31(1)(3), Mumbai

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

ITA 1077/MUM/2023[2011-12]Status: DisposedITAT Mumbai04 Aug 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 1577/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) & आयकर अपील सं/ I.T.A. No. 1076/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) & आयकर अपील सं/ I.T.A. No. 1077/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Biren Suresh Karani बिधम/ Ito-31(1)(3) C-13, 3Rd Floor, Pratyakshakar Flat No.1101, Shreyas Vs. Apartments, Sarjan Chsl, Bhawan, Bandra Kurla Lallubhai Shamaldas Road, Complex, Bandra (E), Andhei West, Mumbai- Mumbai-400051. 400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aampk6502D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mehul Shah Revenue By: Shri Dharamvir D. Yadav (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 04/08/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 05.04.2023 & Order Dated 21.09.2022 For Ay. 2009-10 To 2011-12. 2. At The Outset, The Ld. Ar Of The Assessee Submitted That The Issue Permeating In All The Assessment Years Are The Same Except Difference In Sum/Figures. & It Is Noted That Even Though, The Assessee In Ay. 2009-10, Has Raised Ground No. 2, It Has Not Been Pressed [I.E. For Ay 2009-10, According To Ao, The Purchase Made By

For Appellant: Shri Mehul ShahFor Respondent: Shri Dharamvir D. Yadav (Sr. AR)

assessee has not computed the income in accordance with the accounting standard notified u/s 145(2) of the Act. Therefore, condition for invoking section 145(3) of the Act as per section 145(1) & (2) of the Act was not satisfied. However, if the expenses/sales are not verifiable (if there

Biren Suresh Karani, Mumbai vs. ITO-31(1)(3), Mum

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

ITA 1076/MUM/2023[2010-11]Status: DisposedITAT Mumbai04 Aug 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 1577/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) & आयकर अपील सं/ I.T.A. No. 1076/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) & आयकर अपील सं/ I.T.A. No. 1077/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Biren Suresh Karani बिधम/ Ito-31(1)(3) C-13, 3Rd Floor, Pratyakshakar Flat No.1101, Shreyas Vs. Apartments, Sarjan Chsl, Bhawan, Bandra Kurla Lallubhai Shamaldas Road, Complex, Bandra (E), Andhei West, Mumbai- Mumbai-400051. 400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aampk6502D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mehul Shah Revenue By: Shri Dharamvir D. Yadav (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 04/08/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 05.04.2023 & Order Dated 21.09.2022 For Ay. 2009-10 To 2011-12. 2. At The Outset, The Ld. Ar Of The Assessee Submitted That The Issue Permeating In All The Assessment Years Are The Same Except Difference In Sum/Figures. & It Is Noted That Even Though, The Assessee In Ay. 2009-10, Has Raised Ground No. 2, It Has Not Been Pressed [I.E. For Ay 2009-10, According To Ao, The Purchase Made By

For Appellant: Shri Mehul ShahFor Respondent: Shri Dharamvir D. Yadav (Sr. AR)

assessee has not computed the income in accordance with the accounting standard notified u/s 145(2) of the Act. Therefore, condition for invoking section 145(3) of the Act as per section 145(1) & (2) of the Act was not satisfied. However, if the expenses/sales are not verifiable (if there

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1415/MUM/2023[2014-15]Status: DisposedITAT Mumbai31 Jul 2023AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

disapproving the learned Assessing officer's view of rejecting the Books of Accounts and income of appellant by invoking the provision of section 145 (3) of the income tax Act, 1961. ii. The Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer ... This amount of Rs.78,65,443/- is brought to tax in the hands of the assessee by Invoking the provisions of section 145(3) of the Act, net of expenses. 8.6 The expenses Incurred if any by assessee against: the above " brokerage income is also not allowed considering the fact

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1414/MUM/2023[2013-14]Status: DisposedITAT Mumbai31 Jul 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

disapproving the learned Assessing officer's view of rejecting the Books of Accounts and income of appellant by invoking the provision of section 145 (3) of the income tax Act, 1961. ii. The Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer ... This amount of Rs.78,65,443/- is brought to tax in the hands of the assessee by Invoking the provisions of section 145(3) of the Act, net of expenses. 8.6 The expenses Incurred if any by assessee against: the above " brokerage income is also not allowed considering the fact

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1413/MUM/2023[2012-13]Status: DisposedITAT Mumbai31 Jul 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

disapproving the learned Assessing officer's view of rejecting the Books of Accounts and income of appellant by invoking the provision of section 145 (3) of the income tax Act, 1961. ii. The Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer ... This amount of Rs.78,65,443/- is brought to tax in the hands of the assessee by Invoking the provisions of section 145(3) of the Act, net of expenses. 8.6 The expenses Incurred if any by assessee against: the above " brokerage income is also not allowed considering the fact

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1412/MUM/2023[2011-12]Status: DisposedITAT Mumbai31 Jul 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

disapproving the learned Assessing officer's view of rejecting the Books of Accounts and income of appellant by invoking the provision of section 145 (3) of the income tax Act, 1961. ii. The Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer ... This amount of Rs.78,65,443/- is brought to tax in the hands of the assessee by Invoking the provisions of section 145(3) of the Act, net of expenses. 8.6 The expenses Incurred if any by assessee against: the above " brokerage income is also not allowed considering the fact

Yash -V-Jewels Ltd, Mumbai vs. DCIT, Central Circle 1(1), Mumbai

ITA 1411/MUM/2023[2010-2011]Status: DisposedITAT Mumbai31 Jul 2023AY 2010-2011

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

disapproving the learned Assessing officer's view of rejecting the Books of Accounts and income of appellant by invoking the provision of section 145 (3) of the income tax Act, 1961. ii. The Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer ... This amount of Rs.78,65,443/- is brought to tax in the hands of the assessee by Invoking the provisions of section 145(3) of the Act, net of expenses. 8.6 The expenses Incurred if any by assessee against: the above " brokerage income is also not allowed considering the fact

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1410/MUM/2023[2009-2010]Status: DisposedITAT Mumbai31 Jul 2023AY 2009-2010

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

disapproving the learned Assessing officer's view of rejecting the Books of Accounts and income of appellant by invoking the provision of section 145 (3) of the income tax Act, 1961. ii. The Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer ... This amount of Rs.78,65,443/- is brought to tax in the hands of the assessee by Invoking the provisions of section 145(3) of the Act, net of expenses. 8.6 The expenses Incurred if any by assessee against: the above " brokerage income is also not allowed considering the fact

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1409/MUM/2023[2008-09]Status: DisposedITAT Mumbai31 Jul 2023AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

disapproving the learned Assessing officer's view of rejecting the Books of Accounts and income of appellant by invoking the provision of section 145 (3) of the income tax Act, 1961. ii. The Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer ... This amount of Rs.78,65,443/- is brought to tax in the hands of the assessee by Invoking the provisions of section 145(3) of the Act, net of expenses. 8.6 The expenses Incurred if any by assessee against: the above " brokerage income is also not allowed considering the fact