MADHAV COPPER LTD.,BHAVNAGAR vs. THE INCOME TAX OFFICER, WARD-1(8), BHAVNAGAR

In the result, all six appeals, three by the Revenue and three by the assessee, stand dismissed

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokar

bogus purchases made by Ld. AO without providing information/ document/ material used against the appellant and opportunity of cross-examination resulting in gross violation of principles of natural justice

INCOME TAX OFFICER, WARD-1(8), BHAVNAGAR, BHAVNAGAR vs. MADHAV COPPER LIMITED, BHAVNAGAR

In the result, all six appeals, three by the Revenue and three by the assessee, stand dismissed

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokar

bogus purchases made by Ld. AO without providing information/ document/ material used against the appellant and opportunity of cross-examination resulting in gross violation of principles of natural justice

INCOME TAX OFFICER, WARD-1(8), BHAVNAGAR vs. MADHAV COPPER LIMITED, BHAVNAGAR

In the result, all six appeals, three by the Revenue and three by the assessee, stand dismissed

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokar

bogus purchases made by Ld. AO without providing information/ document/ material used against the appellant and opportunity of cross-examination resulting in gross violation of principles of natural justice

MADHAV COPPER LTD.,BHAVNAGAR vs. THE INCOME TAX OFFICER, WARD-1(8), BHAVNAGAR

In the result, all six appeals, three by the Revenue and three\nby the assessee, stand dismissed

bogus purchases made by Ld. AO without providing\ninformation/document/material used against the appellant and\nopportunity of cross-examination resulting in gross violation of\nprinciples of natural justice

MADHAV COPPER LTD.,BHAVNAGAR vs. THE INCOME TAX OFFICER, WARD-1(8), BHAVNAGAR

In the result, all six appeals, three by the Revenue and three\nby the assessee, stand dismissed

bogus purchases made by Ld. AO without providing\ninformation/document/material used against the appellant and\nopportunity of cross-examination resulting in gross violation of\nprinciples of natural justice

THE ACIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. DEEP COTTON INDUSTRIES, PATAN

In the result, respective appeals of both Revenue and Assessee are dismissed

Bench: Shri S.S. Godara & Shri Pradip Kumar Kedia1. आयकर अपील सं./I.T.A. No.948/Ahd/2012 2. आयकर अपील सं./I.T.A. No.1460/Ahd/2012 ("नधा"रण वष" / Ay : 2008-09) 1.Acit 1. Deep Cotton बनाम/ Central Cirle-1(1) Industries Vs. Ahmedabad Prop.Of Nitesh Gunvantilal Thakkar Jaska Road, Harji, Dist.Patan -384 240 2. The Acit 2. M/S.Deep Cotton Industries Central Circle-1(1) Prop.Of Nitesh Gunvantlal Ahmedabad Thakkar Dist.Patan-384 240 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adwpt 3924 H .. (अपीलाथ" /Appellants) (""यथ" / Respondents) Revenue By : Shri K.Madhusudan, Sr.Dr Assessee By : Shri M.J. Shah, Ar

purchases made from M/s.Vishal Traders. The ld.AR submitted that the Revenue has wrongly placed reliance on the statement of the third party to draw inference against the Assessee in violation of principles of natural justice. The Ld.AR also simultaneously pleaded that estimation of 25% of alleged bogus

SHRI NITESH G.THAKKAR,PATAN vs. THE ACIT.,CENT.CIRCLE-1(1),, AHMEDABAD

In the result, respective appeals of both Revenue and Assessee are dismissed

Bench: Shri S.S. Godara & Shri Pradip Kumar Kedia1. आयकर अपील सं./I.T.A. No.948/Ahd/2012 2. आयकर अपील सं./I.T.A. No.1460/Ahd/2012 ("नधा"रण वष" / Ay : 2008-09) 1.Acit 1. Deep Cotton बनाम/ Central Cirle-1(1) Industries Vs. Ahmedabad Prop.Of Nitesh Gunvantilal Thakkar Jaska Road, Harji, Dist.Patan -384 240 2. The Acit 2. M/S.Deep Cotton Industries Central Circle-1(1) Prop.Of Nitesh Gunvantlal Ahmedabad Thakkar Dist.Patan-384 240 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adwpt 3924 H .. (अपीलाथ" /Appellants) (""यथ" / Respondents) Revenue By : Shri K.Madhusudan, Sr.Dr Assessee By : Shri M.J. Shah, Ar

purchases made from M/s.Vishal Traders. The ld.AR submitted that the Revenue has wrongly placed reliance on the statement of the third party to draw inference against the Assessee in violation of principles of natural justice. The Ld.AR also simultaneously pleaded that estimation of 25% of alleged bogus

SHRI PRAVIN SHIVLAL SHAH,,VADODARA vs. THE ITO, WARD-5(3),, BARODA

In the result, both the appeals filed by the Assessee is partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

nature. But no opportunity of cross examination was given to the appellant. The quantities in respect of the purchases from the aforesaid five parties are duly reflected in the stock register and the quantities purchased are reconciled with the sales made during the year and same are also part of the Tax Audit Report. The quantities purchased are reconciled with

THE ITO, WARD-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT TERCE LABORATORIES LTD.,, AHMEDABAD

The appeal of the Revenue are allowed

justice will be met by taking mean of maximum and minimum of the profit rate 14 I.T.A No. 1477/Ahd/17 & 1826/Ahd/2016 & Ors. A.Y. 2011-12 & Ors. Page No which comes to 5%. Therefore, we think it fit to direct the Assessing ^Officer to apply 5% G.P rate as the rate of 12.5 % is drastically higher and 1.03% is drastically lower. Gross

THE ACIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT TERCE LABORATORIES LTD.,, AHMEDABAD

The appeal of the Revenue are allowed

justice will be met by taking mean of maximum and minimum of the profit rate 14 I.T.A No. 1477/Ahd/17 & 1826/Ahd/2016 & Ors. A.Y. 2011-12 & Ors. Page No which comes to 5%. Therefore, we think it fit to direct the Assessing ^Officer to apply 5% G.P rate as the rate of 12.5 % is drastically higher and 1.03% is drastically lower. Gross

THE ITO, WARD-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT TERCE LABORATORIES LTD.,, AHMEDABAD

The appeal of the Revenue are allowed

justice will be met by taking mean of maximum and minimum of the profit rate 14 I.T.A No. 1477/Ahd/17 & 1826/Ahd/2016 & Ors. A.Y. 2011-12 & Ors. Page No which comes to 5%. Therefore, we think it fit to direct the Assessing ^Officer to apply 5% G.P rate as the rate of 12.5 % is drastically higher and 1.03% is drastically lower. Gross

SMT. SHARDABEN B. PATEL,AHMEDABAD vs. PR. CIT, AHMEDABAD-5,, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kedia

natural justice, before passing the order u/s 263 of the Income Tax Act.” 3. As per the grounds of appeal, the essential grievance of the assessee is that in the facts and circumstances of the case, the Pr.CIT was not justified in exercising revisionary powers under s.263 of the Act and thereby setting aside the assessment order passed under s.143

JYOTI PIPES PVT. LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-4(2),, AHMEDABAD

The appeals of the assessee are partly allowed

Bench: Shri Pradip Kumar Kedia & Ms. Madhumita Roy

bogus purchases made by AO is wholly illegal, unlawful and against the principles of natural justice. 1.2. The Ld. CIT(A) has grievously

JYOTI PIPES PVT. LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-4(2),, AHMEDABAD

The appeals of the assessee are partly allowed

Bench: Shri Pradip Kumar Kedia & Ms. Madhumita Roy

bogus purchases made by AO is wholly illegal, unlawful and against the principles of natural justice. 1.2. The Ld. CIT(A) has grievously

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

purchases from three parties as bogus (le 2 parties of sundry creditors & 1 Party of unsecured loan), solely on the basis of statements recorded u/s 131 of the Act, without providing the Appellant an opportunity to cross-examine them The action, being in violation of the principles of natural justice

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

purchases from three parties as bogus (le 2 parties of sundry creditors & 1 Party of unsecured loan), solely on the basis of statements recorded u/s 131 of the Act, without providing the Appellant an opportunity to cross-examine them The action, being in violation of the principles of natural justice

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

purchases from three parties as bogus (le 2 parties of sundry creditors & 1 Party of unsecured loan), solely on the basis of statements recorded u/s 131 of the Act, without providing the Appellant an opportunity to cross-examine them The action, being in violation of the principles of natural justice

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

purchases from three parties as bogus (le 2 parties of sundry creditors & 1 Party of unsecured loan), solely on the basis of statements recorded u/s 131 of the Act, without providing the Appellant an opportunity to cross-examine them The action, being in violation of the principles of natural justice

BHAGAT MARKETING PVT LTD,AHMEDABAD vs. PCIT-1, AHMEDABAD

In the result, in light of the above observations and the judicial precedents on the subject, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

bogus purchases in accordance with law and thus revision under section. 263 is nothing but a change of opinion and hence order u/s. 263 is bad in law. 2. The directions given to AO in para 7, 7.1 and 8 of order under section 263 by the ld. Pr.CIT are already carried