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 purchases based on the information received from Department of Sales Tax, Maharashtra without considering the evidences and explanations provided by the Appellant and without giving the basis for such allegations and an opportunity to cross examine the defaulting parties to the Appellant. 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 purchases based on the information received from Department of Sales Tax, Maharashtra without considering the evidences and explanations provided by the Appellant and without giving the basis for such allegations and an opportunity to cross examine the defaulting parties to the Appellant. ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

MARDIA COPPER EXTRUTIONS PVT.LTD.,AHMEDABAD vs. DCIT, CIRCLE-2(1)(2),, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 229/Ahd/2018 "नधा"रण वष"/Asstt. Year: 1990-1991 M/S Mardia Copper Extrusions Pvt. Ltd., D.C.I.T, C/O Mehta Lodha & Co., Vs. Circle-2(1)(2), 105, Sakar-I, Near Gandhigram Railway Ahmedabad. Station, Off Ashram Road, Ahmedabad-380009. Pan: Aabcm3848G

260A or an appeal to Ihe Supreme Conn under section 261 or revision under section 263 or section 264 and an order imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty is passed before the order of the Commissioner (Appeals) or the Appellate Tribunal or the High Court or the Supreme Court

SHRI JANI PARASMAL VAGHMAL (HUF),,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(1)(5),, VADODARA

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1354/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2010-2011 Jain Parasmal Vaghmal(Huf), I.T.O., 27, Vijay Society, Vs. Ward-3(1)(5), New Khanderao Road, Vadodara. Baroda.

bogus long term capital gain. The view taken by the AO was subsequently confirmed by the ld CIT(A). 8. At the outset, we find in the identical facts and circumstances the Hon’ble ITAT in the case of Shri Pratik Suryakant Shah vs ITO and others in ITA Nos. 810/Ahd/2015 and others has decided the issue in favor

SHANTABEN PARASMAL JAIN,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1),, VADODARA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 726/Ahd/2017 "नधा"रण वष"/Assessment Year: 2010-11 Shantaben Parasmal Jain, Vs. Dcit, 27, Vijay Society, Cir – 3(1), New Khanderao Road., Vadodara. Baroda. Pan No. Abwpj 8597 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Prakash D. Shah, A.R. Revenue By : Shri S. N. Dev, Sr. D.R. सुनवाई क" तार"ख/Date Of Hearing : 08.08.2018 घोषणा क" तार"ख /Date Of Pronouncement : 15.10.2018 आदेश/O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Appellate Order Of The Learned Commissioner Of Income-Tax (Appeals)-I, Vadodara [“Cit(A)” In Short] Relevant To Assessment Year 2010- 11. 2. Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & Facts By Upholding The Reassessment Proceedings & Therefore The Order Passed By The Learned Ao Is Required To Be Quashed. 2. That The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & Facts By Confirming The Disallowance Of Long Term Capital Gain Of Rs. 87,57,789/- As Exempt Income & Adding Back To The Total Income Of The Appellant & Therefore The Learned Ao Should Be Directed To Allow The Claim Of Exempt Income. 3. That The Appellant Craves Liberty To Add, Amend, Alter & Delete Any Grounds Of Appeal Before The Final Hearing.”

bogus long term capital gain. The view taken by the AO was subsequently confirmed by the ld CIT(A). 9.1 At the outset, we find in the identical facts and circumstances in the case of Shri Pratik Suryakant Shah vs ITO and others in ITA Nos. 810/Ahd/2015 and others has decided the issue in favor of assessee. The relevant extract

SMT. MEERA ALPESH KANUGO,VADODARA vs. ITO, WARD-3(1)(3), VADODARA

In the result, appeal filed by the assessee is allowed

bogus. In deciding whether the claim is genuine or not, the authorities have to be guided by the legal evidence and not on general observations based on statements, probabilities, human behavior, modus operandi etc. The AO has to show with evidence the chain of events and live link of the assessee's involvement in the scam including that he paid

SMT. RESHMIBEN P. KANUGO,VADODARA vs. ITO, WARD-3(1)(3), VADODARA

In the result appeal filed the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 2131/Ahd/2018 2014-15 Smt. Reshmiben P. Income Tax Kanugo, Officer, 26, Jawahar Society, Nr. Ward 3(1)(3), Bakrawadi, R.V. Desai Vadodara. Road, Vadodara, Gujarat-390001. Pan: Azupk6721B 2. 2132/Ahd/2018 2014-15 Shri Alpesh P. Income Tax Kanugo(Huf), Officer, 26, Jawahar Society, Ward 3(1)(3), Nr. Bakrawadi, Ahmedabad. R.V. Desai Road, Vadodara-390001. Pan: Aajha5173P 3. 2133/Ahd/2018 2014-15 Shri Parasmal B. Kanugo Income Tax Officer, (Huf), Ward-3(1)(3), 26, Jawahar Society, Nr. Ahmedabad. Bakrawadi, R.V. Desai Road, Vadodara, Gujarat-390001. Pan: Aakhp0126Q

bogus. In deciding whether the claim is genuine or not, the authorities have to be guided by the legal evidence and not on general observations based on statements, probabilities, human behavior, modus operandi etc. The AO has to show with evidence the chain of events and live link of the assessee's involvement in the scam including that he paid

SHAILESHBHAI BHA vs. ANGBHAI CHAVDA,BHAVNAGARVS.THE INCOME TAX OFFICER WARD 1(4) BHAVNAGAR, BHAVNAGAR

In the result, the appeal of the assessee in ITA No

Bench: Shri Ramit Kochar (Accountant Member)

bogus long term capital gains/bogus short term capital loss/bogus purchase loss etc. . Various incriminating documents were seized by Revenue during the course of search operations. Therefore, there was a reason to believe that the scrips of M/s. Divine Multimedia India Ltd., M/s. Diamant Infrastructure Ltd. and M/s VMS Industries Ltd. are not genuine. Shri Naresh Jain in his statement recorded

KRUTIKA ASHWIN SARVAIYA,AHMEDABAD vs. THE ITO, WARD-5(3)(4), AHMEDABAD

In the result, the appeal of the assessee in ITA

Bench: Shri Ramit Kochar (Accountant Member)

purchase invoice bills of J B & Sons(Prop. Mohanbhai Jivabhai Makwana) before the AO. The assessee has also claimed that she is owning agricultural land and the said land was given to tillers for farming. The said tillers were incurring expenses towards fertilizer, pesticides , seed and other farming expenses , and the assessee is getting 25% share in farming. No expenses

SAKET M JAIN (HUF),AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(2)(4), AHMEDABAD

In the result, the appeal of the assessee in ITA No

Bench: Income Tax Appellate Tribunal, Ahmedabad Division Bench, Ahmedabad Has Arisen From The Appellate Order Dated 24.03.2023 Passed By Ld. Cit(A), Nfac, Delhi U/S.250 Of The Income-Tax Act,1961

bogus transaction. The AO observed that sales tax @15 percent is applicable on the sale of timber/wood , but the assessee has not paid any sales tax and failed to submit its sales tax number/TIN/VAT number. The AO also issued Show Cause Notice(SCN) to the assessee, which is reproduced by the AO in assessment order at page

ILABAHEN VIRALKUMAR MEHTA,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3, ANAND

In the result, the appeal of the assessee in ITA No

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad Has Arisen From The

bogus capital gains/losses to various beneficiaries. The assessee being one of the beneficiary. The assessee has not declared and disclosed the transaction of sale and purchase of shares of Hemo Organics Limited in the return of income filed u/s 139, while the assessee declared gains arising on the sale of 8000 shares in the return of income filed in response