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

SHRI KIRTIKUMAR VASANTBHAI THAKKAR,,PATAN vs. THE INCOME TAX OFFICER, WARD-1,, PATAN

In the result, both the grounds of the appeal of the assessee are dismissed

section 147 r.w.s. 143(3) of the Income Tax Act, 1961; in short “the Act”. 2. The assessee has raised following grounds of appeal:- “1.1 That on the facts and in the circumstances of the case and as per law, learned CIT (Appeals) erred in sustaining additions of Rs. 5,09,032 out of I.T.A No. 3042/Ahd/2014

GUJARAT VAIBHAV PUBLICATIONS PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

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

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

bogus and 15% of the purchases was considered as income of the assessee and accordingly an addition of Rs.43,70,583/- was made. No transaction was found made with the other party M/s. A.M. Enterprise during the year. The assessment was completed under Section 143(3) read with Section 147 of the Act on 27.12.2019 at total income of Rs.42

GUJARAT VAIBHAV PUBLICATIONS PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

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

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

bogus and 15% of the purchases was considered as income of the assessee and accordingly an addition of Rs.43,70,583/- was made. No transaction was found made with the other party M/s. A.M. Enterprise during the year. The assessment was completed under Section 143(3) read with Section 147 of the Act on 27.12.2019 at total income of Rs.42

M/S. ACCRA PAC (INDIA) PVT. LTD.,MUMBAI vs. DCIT, CIRCLE-1,, AHMEDABAD

In the result, ground numbers 5 to 7 of the assessee’s appeal are allowed for statistical purposes

section 69C of the Act. 3) The learned Commissioner of Income Tax (Appeals) erred in ignoring the material placed before the Assessing Officer and himself in this regard. 4) Having regard to the facts and circumstances of the case and the provisions of law, the appellant submits that the disallowance u/s.69C is unjustified and requires to be deleted

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

section 147 of the Act. We shall first discuss the Revenue’s ground of appeal. 7. Before us, the Ld. DR submitted that from the instant set of facts, it is very clear that it is a case of bogus sub- contracting expenses created by the assessee. He submitted that as per the statements which were recorded

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

section 147 of the Act. We shall first discuss the Revenue’s ground of appeal. 7. Before us, the Ld. DR submitted that from the instant set of facts, it is very clear that it is a case of bogus sub- contracting expenses created by the assessee. He submitted that as per the statements which were recorded

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

section 147 of the Act. We shall first discuss the Revenue’s ground of appeal. 7. Before us, the Ld. DR submitted that from the instant set of facts, it is very clear that it is a case of bogus sub- contracting expenses created by the assessee. He submitted that as per the statements which were recorded

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

section 147 of the Act. We shall first discuss the Revenue’s ground of appeal. 7. Before us, the Ld. DR submitted that from the instant set of facts, it is very clear that it is a case of bogus sub- contracting expenses created by the assessee. He submitted that as per the statements which were recorded

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

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

section 147 of the Act. We shall first discuss the Revenue’s ground of appeal. 7. Before us, the Ld. DR submitted that from the instant set of facts, it is very clear that it is a case of bogus sub- contracting expenses created by the assessee. He submitted that as per the statements which were recorded

THE ITO, WARD-1(2)(3), AHMEDABAD vs. MOHAMMEDARIF IBRAHIMBHAI SHAIKH, AHMEDABAD

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and sell the finished goods. In that view of the matter, as natural corollary, not the entire amount covered under such purchase, but the profit element embedded therein would be subject to tax. This

THE ITO, WARD-1(2)(3), AHMEDABAD vs. MOHAMMEDARIF IBRAHIMBHAI SHAIKH, AHMEDABAD

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and sell the finished goods. In that view of the matter, as natural corollary, not the entire amount covered under such purchase, but the profit element embedded therein would be subject to tax. This

M/S. ARMEE INFOTECH,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(3),, AHMEDABAD

In the result, ITA No.1778/Ahd/2016 (by Revenue) is dismissed, and ITA No

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedआयकर अपील सं./ Ita No.1778/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2012-13 Acit,Cir.6(1), Vs. Armee Infotech Ahmedabad. 1002, Akik Building Opp: Rajpath Club, Sg Highway, Ahmedabad 380 0054. Pan : Aaifa 4964 D

274/-. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) ITA No.1778/Ahd/2016 & 2 Others ACIT Vs. Armee Infotech 3 was issued on 7.8.2013. On scrutiny of the accounts, it revealed to the AO that the assessee has shown gross turnover of Rs.1,02,32,11,318/-. On this, a gross profit

THE ACIT, CIRCLE-6(1),, AHMEDABAD vs. ARMEE INFOTECH,, AHMEDABAD

In the result, ITA No.1778/Ahd/2016 (by Revenue) is dismissed, and ITA No

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedआयकर अपील सं./ Ita No.1778/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2012-13 Acit,Cir.6(1), Vs. Armee Infotech Ahmedabad. 1002, Akik Building Opp: Rajpath Club, Sg Highway, Ahmedabad 380 0054. Pan : Aaifa 4964 D

274/-. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) ITA No.1778/Ahd/2016 & 2 Others ACIT Vs. Armee Infotech 3 was issued on 7.8.2013. On scrutiny of the accounts, it revealed to the AO that the assessee has shown gross turnover of Rs.1,02,32,11,318/-. On this, a gross profit

RAMJIBHAI KESARAJI PATEL,VADODARA vs. THE ITO, WARD-1(2)(2), VADODARA

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

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

section 69C towards alleged bogus purchases. The details of the same are as under:- Date Amount (Rs.) Amount credited to the account of 23.06.2017 2,68,611 Raghav Traders 23.06.2017 3,33,715 Helly Enterprises 23.06.2017 1,38,818 Laxmiraj Enterprises 11.08.2017 3,07,500 Laxmiraj Enterprises 16.10.2017 4,80,000 Laxmiraj Enterprises Total

SHRI ANIL GAHERILAL DUGGAD,,AHMEDABAD vs. THE ACIT, CIRCLE-12, ( PRESENTLY DY. CIT, CIRCLE-6),, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadavआयकर अपील सं./ Ita No. 1087/Ahd/2016 "नधा"रण वष"/Assessment Year: 2008-2009 Shri Anil Gaherilal Duggad Acit, Cir.12 B/2, Harivadan Flat Vs (Presently Dcit, Cir.6) Nr. Boringwali Chawl Nehru Bridge Corner Maninagar Ashram Road Ahmedabad 380 008. Ahmedabad.

section 131 were issued for verifying purchases made by the assessee. According to the AO, suppliers did not respond to notices issued by him. Hence, he treated the purchases as bogus. The ld.AO thereafter observed that out of nine parties only five are having closing balances with the assessee. In other words, there are outstanding trade credits against names

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

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