THE DCIT, CENTRAL CIRCLE-3,, BARODA vs. M/S. ULTRA TECH TRANSMISSION,, BARODA

In the result, appeal of the Revenue is partly allowed for assessment year 2016-17

purchases may be disallowed, keeping into consideration the profit offered to tax by the assessee. During the year under consideration, the assessee had calculated NP at 16.09% of the Turnover. Accordingly, considering the observations made by the Ld. Assessing Officer in assessment order regarding the nature of sub-contracting expenses and looking into the totality of facts of the instant

THE DCIT, CENTRAL CIRCLE-3,, BARODA vs. M/S. ULTRA TECH TRANSMISSION,, BARODA

In the result, appeal of the Revenue is partly allowed for assessment year 2016-17

purchases may be disallowed, keeping into consideration the profit offered to tax by the assessee. During the year under consideration, the assessee had calculated NP at 16.09% of the Turnover. Accordingly, considering the observations made by the Ld. Assessing Officer in assessment order regarding the nature of sub-contracting expenses and looking into the totality of facts of the instant

THE DCIT, CENTRAL CIRCLE-3,, BARODA vs. M/S. ULTRATECH TRANSMISSION PVT. LTD, BARODA

In the result, appeal of the Revenue is partly allowed for assessment year 2016-17

purchases may be disallowed, keeping into consideration the profit offered to tax by the assessee. During the year under consideration, the assessee had calculated NP at 16.09% of the Turnover. Accordingly, considering the observations made by the Ld. Assessing Officer in assessment order regarding the nature of sub-contracting expenses and looking into the totality of facts of the instant

THE INCOME TAX OFFICER, WARD-1(3)(1),, AHMEDABAD vs. SHRI ASHOKKUMAR MOHANLAL JAIN,, AHMEDABAD

Appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 1207/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2012-2013 Ashok Mohanlal Jain, I.T.O, Prop Of Parshwanth Enterprise, Vs. Ward-1(3)(1), S/3, Sujata Flats, Ahmedabad. Camp Road, Sahibaug, Ahmedabad-380004. Pan: Aczpj7617B

purchases, closing stock and the sales. All these transactions are interconnected and closely linked. If any of the transaction is doubted then the corresponding transaction should also be carrying same shadow of doubt. In other words, part of the transactions cannot be accepted as genuine and part of the transaction cannot accepted be as bogus. Either the entire transaction

SHRI ASHOK MOHANLAL JAIN,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(3)(1),, AHMEDABAD

Appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 1207/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2012-2013 Ashok Mohanlal Jain, I.T.O, Prop Of Parshwanth Enterprise, Vs. Ward-1(3)(1), S/3, Sujata Flats, Ahmedabad. Camp Road, Sahibaug, Ahmedabad-380004. Pan: Aczpj7617B

purchases, closing stock and the sales. All these transactions are interconnected and closely linked. If any of the transaction is doubted then the corresponding transaction should also be carrying same shadow of doubt. In other words, part of the transactions cannot be accepted as genuine and part of the transaction cannot accepted be as bogus. Either the entire transaction

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

NITIN RASIKLAL SANGHVI,BANASKANTHA vs. THE ITO WARD-2, , PALANPUR

In the result, the appeals of the assessee are dismissed

Bench: Shri Rajpal Yadavआयकर अपील सं./ Ita No.2304 & 2305/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2010-11 & 2011-12 Nitin Rasiklal Sanghvi Vs. Ito, Ward-2 Prop. M/S.Bony Exports Palanpur. 1, Paras Society Neminath Nagar, At. Deesa Tal. Deesa, Dist. Banakantha. Pan : Amjps 3742 E

purchases made by the appellant shown in stock register and shown as sales and the A.O. did not found any discrepancy in books of accounts maintained by the appellant. The appellant also contended that opportunity of cross examination of Shri Rajendra Jain was not given to the appellant. The facts of the case, assessment order and the submission

NITIN RASIKLAL SANGHVI,BANASKANTHA vs. THE ITO WARD-2, , PALANPUR

In the result, the appeals of the assessee are dismissed

Bench: Shri Rajpal Yadavआयकर अपील सं./ Ita No.2304 & 2305/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2010-11 & 2011-12 Nitin Rasiklal Sanghvi Vs. Ito, Ward-2 Prop. M/S.Bony Exports Palanpur. 1, Paras Society Neminath Nagar, At. Deesa Tal. Deesa, Dist. Banakantha. Pan : Amjps 3742 E

purchases made by the appellant shown in stock register and shown as sales and the A.O. did not found any discrepancy in books of accounts maintained by the appellant. The appellant also contended that opportunity of cross examination of Shri Rajendra Jain was not given to the appellant. The facts of the case, assessment order and the submission

MUKESH SUMERMAL SANGHVI,A GR GORAGANDHI PALACE MUMBAI vs. ITO, WARD-4(1)(1), AHMEDABAD

In the result, the appeal filed by the Assessee is allowed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

bogus billing for purchases made F.Y. Amount 1 Suraj Steel India 2009-10 5,21,538/- 2 Suraj Steel India 2009-10 9,59,104/- 3 Goodluck Impex India 2009-10 5,66,280/- 4 Citizen Enterprises 2009-10 16,94,757/- 5 Vatika Metals Pvt. Ltd. 2009-10 29,37,006/- 6 Vatika Metals

MOBILE TELECOMMUNICATIONS LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, BARODA

In the result, the appeal of the assessee is Dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 641/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-2010 & आयकर अपील सं./Ita No. 1311/Ahd/2016 िनधा"रण वष"/Asstt. Year: 2010-2011 Mobile Telecommunications Pvt. Ltd., D.C.I.T., C/O. Ambalal M. Shah & Co., Vs. Circle-2(1)(2), Chartered Accountants, Baroda. 108, Bell-E-Vista Complex, Race Course Chakli Circle, Vadodara-390007. Pan: Aaccm2659J

bogus and unexplained purchases out of total disallowance of purchases made by AO at Rs.5,24,91,187/-. The AO is accordingly directed to delete the balance amount of disallowance out of the purchases. Ground No.5 thus, stands partly allowed. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 4.4 Although the appellant has not raised any ground against the disallowance made u/s 14A amounting to Rs.3

MOBILE TELECOMMUNICATIONS PVE. LTD.,,VADODARA vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4,, BARODA

In the result, the appeal of the assessee is Dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 641/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-2010 & आयकर अपील सं./Ita No. 1311/Ahd/2016 िनधा"रण वष"/Asstt. Year: 2010-2011 Mobile Telecommunications Pvt. Ltd., D.C.I.T., C/O. Ambalal M. Shah & Co., Vs. Circle-2(1)(2), Chartered Accountants, Baroda. 108, Bell-E-Vista Complex, Race Course Chakli Circle, Vadodara-390007. Pan: Aaccm2659J

bogus and unexplained purchases out of total disallowance of purchases made by AO at Rs.5,24,91,187/-. The AO is accordingly directed to delete the balance amount of disallowance out of the purchases. Ground No.5 thus, stands partly allowed. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 4.4 Although the appellant has not raised any ground against the disallowance made u/s 14A amounting to Rs.3

GOLD FINCH JEWELLERY LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

In the result, the appeal filed by the Assessee is allowed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus purchases made by various beneficiaries from Hawala dealers. Assessee was one of them. As per this information, he had made purchases worth Rs. 3.21 crores (rounded off) from such Hawala dealers during the financial year 2010-11. According to the Assessing Officer, this information 'needed deep verification'. ITA Nos. 1074/Ahd/2016 & 273/Ahd/2017 [Gold Finch Jewellery Ltd.] A.Ys

GOLD FINCH JEWELLERY LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

In the result, the appeal filed by the Assessee is allowed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus purchases made by various beneficiaries from Hawala dealers. Assessee was one of them. As per this information, he had made purchases worth Rs. 3.21 crores (rounded off) from such Hawala dealers during the financial year 2010-11. According to the Assessing Officer, this information 'needed deep verification'. ITA Nos. 1074/Ahd/2016 & 273/Ahd/2017 [Gold Finch Jewellery Ltd.] A.Ys

JET AIR AGENCIES PVT. LTD,WEST BENGAL vs. THE ACIT, CENTRA CIRCLE-2(3), AHMEDABAD

In the result, Ground Nos

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

138 taxmann.com 69 (SC), the Hon'ble SC dismissed the SLP filed against High Court ruling that where Assessing Officer had reason to believe that income chargeable to tax had escaped assessment as assessee was beneficiary of accommodation entries and basis for formation of such belief were several inquiries and investigation by Investigation Wing that there had been escapement

JET AIR AGENCIES PVT LTD,WEST BENGAL vs. CENTRAL CIRCLE 2(3)AHMEDABAD, AHMEDABAD

In the result, Ground Nos

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

138 taxmann.com 69 (SC), the Hon'ble SC dismissed the SLP filed against High Court ruling that where Assessing Officer had reason to believe that income chargeable to tax had escaped assessment as assessee was beneficiary of accommodation entries and basis for formation of such belief were several inquiries and investigation by Investigation Wing that there had been escapement