PARUL AROGYA SEVA MANDAL TRUST,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2), AHMEDABAD

Appeals are allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

bogus corpus donations based on incriminating documents and extrapolating the available data. The AO disallowed exemptions under Sections 11 and 12, treating the income as normal business income due to violations of the trust's objectives. The Ld.CIT(A) partially upheld the AO's additions but allowed the exemptions under Sections 11 and 12, concluding there was no apparent violation

PARUL AROGYA SEVA MANDAL TRUST,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2), AHMEDABAD

Appeals are allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

bogus corpus donations based on incriminating documents and extrapolating the available data. The AO disallowed exemptions under Sections 11 and 12, treating the income as normal business income due to violations of the trust's objectives. The Ld.CIT(A) partially upheld the AO's additions but allowed the exemptions under Sections 11 and 12, concluding there was no apparent violation

PARUL UNIVERSITY,VADODARA vs. THE DY.CIT,EXEMPTION CIRCLE-1, AHMEDABAD

Appeals are allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

bogus corpus donations based on incriminating documents and extrapolating the available data. The AO disallowed exemptions under Sections 11 and 12, treating the income as normal business income due to violations of the trust's objectives. The Ld.CIT(A) partially upheld the AO's additions but allowed the exemptions under Sections 11 and 12, concluding there was no apparent violation

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

bogus suppliers. The Assessing Officer (AO) issued notice under section 148 and framed the\nreassessment under section 143(3) r.w.s.147. On finding that the assessee had not satisfactorily discharged the onus of establishing the genuineness of purchases and the identity of the suppliers, the AO invoked the provisions of section 145(3), rejected the books of account, and applied

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 suppliers. The Assessing Officer (AO) issued notice under section 148 and framed the ITA No.254 to 256 and 274 to 276 /Ahd/2024 3 reassessment under section 143(3) r.w.s. 147. On finding that the assessee had not satisfactorily discharged the onus of establishing the genuineness of purchases and the identity of the suppliers, the AO invoked the provisions

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 suppliers. The Assessing Officer (AO) issued notice under section 148 and framed the ITA No.254 to 256 and 274 to 276 /Ahd/2024 3 reassessment under section 143(3) r.w.s. 147. On finding that the assessee had not satisfactorily discharged the onus of establishing the genuineness of purchases and the identity of the suppliers, the AO invoked the provisions

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 suppliers. The Assessing Officer (AO) issued notice under section 148 and framed the ITA No.254 to 256 and 274 to 276 /Ahd/2024 3 reassessment under section 143(3) r.w.s. 147. On finding that the assessee had not satisfactorily discharged the onus of establishing the genuineness of purchases and the identity of the suppliers, the AO invoked the provisions

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 suppliers. The Assessing Officer\n(AO) issued notice under section 148 and framed the\nreassessment under section 143(3) r.w.s.147. On finding that\nthe assessee had not satisfactorily discharged the onus of\nestablishing the genuineness of purchases and the identity of the\nsuppliers, the AO invoked the provisions of section 145(3),\nrejected the books of account, and applied

RUDRA GLOBAL INFRA PRODUCTS LTD.,BHAVNAGAR vs. THE ACIT, CIRCLE-1, BHAVNAGAR

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

13. In the case of Vijay Trading Co. vs. Income-tax Officer [2016] 76 taxmann.com 366 (Gujarat) / [2016] 388 ITR 377 (Gujarat), the Gujarat High Court held that in respect of bogus purchases, only profit element embedded therein would be subjected to tax. In this case, the Gujarat High Court restricted the disallowance to 25% of the cost of such

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 suppliers. The Assessing Officer\n(AO) issued notice under section 148 and framed the\nreassessment under section 143(3) r.w.s. 147. On finding that\nthe assessee had not satisfactorily discharged the onus of\nestablishing the genuineness of purchases and the identity of the\nsuppliers, the AO invoked the provisions of section 145(3),\nrejected the books of account

RAMCHAND BHULCHAND RAJAI,BHAVNAGAR vs. THE DY.CIT.,CIRCLE-1, , BHAVNAGAR

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 167/Ahd/2024 िनधा"रण वष"/Assessment Year : 2009-10 बनाम बनाम बनाम बनाम Ramchand Bhulchand Rajai, The Deputy Commissioner C/O. Jayesh Tyres, Vs. Of Income-Tax, Opp. Railway Station, Circle-1, Bhavnagar Bhavnagar-364001 Pan : Abmpr 4841 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा"रती की ओर से / Assessee By : Shri B.R. Popat, Ar ""थ" की ओर से / Revenue By: Shri Prateek Sharma, Sr Dr सुनवाई की तारीख /Date Of Hearing : 22/04/2024 घोषणा की तारीख /Date Of Pronouncement: 15/07/2024 आदेश/O R D E R Per Annapurna Gupta

purchase register does not reflect expenses of Rs.12,12,400/- claimed by the assessee. Thus, the officer disallowed the unexplained expenses of Rs. 12,12,400/-. The Ld.CIT(A) vide order dated 28.03.2014 confirmed the addition of Rs. 1,81,860/- due to non verifiability of claim of expenses and also considering the volume of freight receipt

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

Section Bhagat Marketing Pvt. Ltd. vs. PCIT Asst.Year –2016-17 - 3– 147 r.w.s 144B of the Income-tax Act, 1961 was passed on March 27, 2022, determining the assessed income at Rs. 1,13,02,151/-. The Assessing Officer (A.O.) made an addition of Rs. 1,13,12,210/-, which constituted 12.5% of alleged non-genuine purchases amounting

JMC PROJECTS (INDIA) LIMITED,,AHMEDABAD vs. THE DY. CIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

13 1749/Ahd/2016 of addition on account of 7 parties Disallowance of 2013- ITA 2,25,05,524 Revenue 2 Purchases / Expenses 14 796/Ahd/2018 considering non- genuine Provision for Defect 2007- ITA 3,56,48,498 Revenue 1 Liability (Warranty 08 3269/Ahd/2011 Expenses) 2008- ITA 6,12,08,221 Revenue 2 09 2353/Ahd/2014 2009- ITA 7,99,10,015 Revenue

THE ACIT,(OSD)-I,RANGE-4,, AHMEDABAD vs. JMC PROJECTS (INDIA) LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

13 1749/Ahd/2016 of addition on account of 7 parties Disallowance of 2013- ITA 2,25,05,524 Revenue 2 Purchases / Expenses 14 796/Ahd/2018 considering non- genuine Provision for Defect 2007- ITA 3,56,48,498 Revenue 1 Liability (Warranty 08 3269/Ahd/2011 Expenses) 2008- ITA 6,12,08,221 Revenue 2 09 2353/Ahd/2014 2009- ITA 7,99,10,015 Revenue

JMC PROJECTS (INDIA) LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)-I,RANGE-4,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

13 1749/Ahd/2016 of addition on account of 7 parties Disallowance of 2013- ITA 2,25,05,524 Revenue 2 Purchases / Expenses 14 796/Ahd/2018 considering non- genuine Provision for Defect 2007- ITA 3,56,48,498 Revenue 1 Liability (Warranty 08 3269/Ahd/2011 Expenses) 2008- ITA 6,12,08,221 Revenue 2 09 2353/Ahd/2014 2009- ITA 7,99,10,015 Revenue

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. JMC PROJECTS (INDIA) LIMITED,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

13 1749/Ahd/2016 of addition on account of 7 parties Disallowance of 2013- ITA 2,25,05,524 Revenue 2 Purchases / Expenses 14 796/Ahd/2018 considering non- genuine Provision for Defect 2007- ITA 3,56,48,498 Revenue 1 Liability (Warranty 08 3269/Ahd/2011 Expenses) 2008- ITA 6,12,08,221 Revenue 2 09 2353/Ahd/2014 2009- ITA 7,99,10,015 Revenue

THE ACIT,(OSD)-I,RANGE-4,, AHMEDABAD vs. JMC PROJECTS (INDIA) LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

13 1749/Ahd/2016 of addition on account of 7 parties Disallowance of 2013- ITA 2,25,05,524 Revenue 2 Purchases / Expenses 14 796/Ahd/2018 considering non- genuine Provision for Defect 2007- ITA 3,56,48,498 Revenue 1 Liability (Warranty 08 3269/Ahd/2011 Expenses) 2008- ITA 6,12,08,221 Revenue 2 09 2353/Ahd/2014 2009- ITA 7,99,10,015 Revenue

JMC PROJECTS (INDIA) LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)-I,RANGE-4,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

13 1749/Ahd/2016 of addition on account of 7 parties Disallowance of 2013- ITA 2,25,05,524 Revenue 2 Purchases / Expenses 14 796/Ahd/2018 considering non- genuine Provision for Defect 2007- ITA 3,56,48,498 Revenue 1 Liability (Warranty 08 3269/Ahd/2011 Expenses) 2008- ITA 6,12,08,221 Revenue 2 09 2353/Ahd/2014 2009- ITA 7,99,10,015 Revenue