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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

JMC PROJECTS (INDIA) LTD.,,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

JMC PROJECTS (INDIA) LTD.,,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

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

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

bogus transactions was cited. The findings in the case of Abhisar Buildwell (supra), thus, reinforce the AR’s position that completed assessments should remain intact when no new incriminating material is discovered. 10.3. In the case of Vijaykumar D. Agarwal (supra), the Co-ordinate Bench dealt with the scope of section 153A if the Act assessments where no incriminating material

ACIT CC 2(3) AHMEDABAD, AHMEDABAD vs. AISHA DHIRAJ GOGIA, AHMEDABAD

In the result: 50. To summarize the final outcome:

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha["ी संजय गग", "ाियक सद" एवं "ी नरे" साद िस!ा, लेखा सद" के सम#।]

section 153A of the Act, the AO noted from the digital data found during the search action contained a copy of the Distribution Deed of land bearing Survey No. 43/4/1 situated at Bodakdev, Ghatlodia, Ahmedabad entered between Shri Ashokbhai Krishnagiri (1st Party) and Shri Kishor Krishnagiri & Shri Anup Krishnagiri (2nd Party). The AO noted that the assessee had purchased Shop

ROBIN RAMAVTAR GOENKA,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result, the appeal filed by the Revenue IT[SS]A Nos

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

purchases, brokerage, salaries, personal expenses and jewellery were seized. Statements of key employees of the group handling cash transactions were recorded. Consequently, assessments were framed under sections 153A and 143[3] of the Act for the Asst Years 2018-19 & 2019-20 whereby Assessment Year wise unaccounted cash receipts and payments, as summarized by the AO, is given below

DILIPKUMAR PASHABHAI PRAJAPATI,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(5), AHMEDABAD

In the result, both the appeals of the assessee in ITA Nos

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1095 & 1096/Ahd/2024 िनधा"रण वष" /Assessment Years : 2016-17 & 2017-18 Respectively Dilipkumar Pashabhai Prajapati The Income Tax Officer बनाम/ C/Sf 211 Pushp Business Campus Ward-3(3)(5) V/S. Nr. Vastral Cross Road Ahmedabad Sp Ring Road Vastral Ahmedabad – 382 418 "थायी लेखा सं./Pan:Atrpp 9632 R (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Jinesh Shah, Ar Revenue By : Shri R.N. Dsouza, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 10/09/2024 घोषणा की तारीख /Date Of Pronouncement: 25/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

purchases made by the appellant as bogus u/s 69C since the same was duly supported with bills and made payments through account payee cheques. 4. NFAC failed to consider that A.O. had reopened assessment based on the CBI inquiry, which is not a judicial proceeding, hence it is unrelatable in the Income Tax Assessment Proceeding, thereby quashing the assessment proceeding

DILIPKUMAR PASHABHAI PRAJAPATI,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(5), AHMEDABAD

In the result, both the appeals of the assessee in ITA Nos

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1095 & 1096/Ahd/2024 िनधा"रण वष" /Assessment Years : 2016-17 & 2017-18 Respectively Dilipkumar Pashabhai Prajapati The Income Tax Officer बनाम/ C/Sf 211 Pushp Business Campus Ward-3(3)(5) V/S. Nr. Vastral Cross Road Ahmedabad Sp Ring Road Vastral Ahmedabad – 382 418 "थायी लेखा सं./Pan:Atrpp 9632 R (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Jinesh Shah, Ar Revenue By : Shri R.N. Dsouza, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 10/09/2024 घोषणा की तारीख /Date Of Pronouncement: 25/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

purchases made by the appellant as bogus u/s 69C since the same was duly supported with bills and made payments through account payee cheques. 4. NFAC failed to consider that A.O. had reopened assessment based on the CBI inquiry, which is not a judicial proceeding, hence it is unrelatable in the Income Tax Assessment Proceeding, thereby quashing the assessment proceeding

H K ISPAT PVT. LTD.,PANCHMAHAL vs. THE DY.CIT, CENTRAL CIRCLE-2, VADODARA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra R. Kamblesn

purchase amount of Rs. 99,49,624/- under Section 69C of the Act, treating it as unexplained expenditure. 10.3 On appeal, the Ld. CIT(A) upheld the AO's finding that the suppliers were non-genuine but disagreed with the 100% disallowance. Relying on jurisdictional precedents, the Ld. CIT(A) restricted the addition to 6% of the purchase value, concluding

ACIT, CENTRAL CIRCLE-2, VADODARA, VADODARA vs. HK ISPAT PVT LTD, GODHRA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra R. Kamblesn

purchase amount of Rs. 99,49,624/- under Section 69C of the Act, treating it as unexplained expenditure. 10.3 On appeal, the Ld. CIT(A) upheld the AO's finding that the suppliers were non-genuine but disagreed with the 100% disallowance. Relying on jurisdictional precedents, the Ld. CIT(A) restricted the addition to 6% of the purchase value, concluding