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

34,650/- (Rs.) Date of AO’s Order 23.03.2023 27.09.2022 23.12.2022 Section of AO’s Order 147 r.w.s. 143(3) r.w.s. 143(3) r.w.s. 144B 144B 144B Amount of Alleged Bogus 92,95,26,352/- 49,84,90,503/- 412,48,43,029/- Purchases

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

34,650/- (Rs.) Date of AO’s Order 23.03.2023 27.09.2022 23.12.2022 Section of AO’s Order 147 r.w.s. 143(3) r.w.s. 143(3) r.w.s. 144B 144B 144B Amount of Alleged Bogus 92,95,26,352/- 49,84,90,503/- 412,48,43,029/- Purchases

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

34,650/- (Rs.) Date of AO’s Order 23.03.2023 27.09.2022 23.12.2022 Section of AO’s Order 147 r.w.s. 143(3) r.w.s. 143(3) r.w.s. 144B 144B 144B Amount of Alleged Bogus 92,95,26,352/- 49,84,90,503/- 412,48,43,029/- Purchases

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

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

THE ITO, WARD-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT TERCE LABORATORIES LTD.,, AHMEDABAD

The appeal of the Revenue are allowed

section 131 and statement was recorded. The Assessment Officer came to the inference that purchases amounting to Rs. 1,68,48,663/- are bogus and he added this amount in the computation of the assessee company's income. • - 2.1 Being aggrieved by the same, the assessee preferred appeal before CIT(Appeals) but the said appeal came to be dismissed

THE ACIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT TERCE LABORATORIES LTD.,, AHMEDABAD

The appeal of the Revenue are allowed

section 131 and statement was recorded. The Assessment Officer came to the inference that purchases amounting to Rs. 1,68,48,663/- are bogus and he added this amount in the computation of the assessee company's income. • - 2.1 Being aggrieved by the same, the assessee preferred appeal before CIT(Appeals) but the said appeal came to be dismissed

THE ITO, WARD-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT TERCE LABORATORIES LTD.,, AHMEDABAD

The appeal of the Revenue are allowed

section 131 and statement was recorded. The Assessment Officer came to the inference that purchases amounting to Rs. 1,68,48,663/- are bogus and he added this amount in the computation of the assessee company's income. • - 2.1 Being aggrieved by the same, the assessee preferred appeal before CIT(Appeals) but the said appeal came to be dismissed

THE JT.CIT, CIRCLE-6(1),, AHMEDABAD vs. SHRI NILESH RAMESHCHANDRA SHAH,, AHMEDABAD

In the result, appeal filed by the Revenue is hereby dismissed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2010-11. I.T.A No. 267/Ahd/2020 A.Y. 2010-11 Page No 2 Jt. CIT Vs. Shri Nilesh Rameshchandra Shah 2. The Registry has noted that there is a delay of 8 days in filing the above appeal by the Revenue

DINESHCHANDRA LADDHA,AHMEDABAD vs. THE ITO WARD 1(2)(1), AHMEDABAD

In the result, the appeal of the asessee is allowed

Bench: SHRI SANJAY GARG (Judicial Member), SMT. ANNAPURNA GUPTA (Accountant Member)

Section 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) and relates to Assessment Year (A.Y.) 2018-19. 2. The grounds of appeal raised by the assessee read as under: “1. In his order dated 21/03/2024, the Ld. AO has erred in law by making an addition of Rs. 76,34,197 u/s 690 rws 115BBE

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

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. 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. 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

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

34,00,000/- is prayed to be deleted. 3) The Ld. CIT(A) has erred in law and on facts in upholding the addition made by the Ld. AO towards alleged bogus purchases solely due to non-response to summons issued u/s 131 to certain creditors (i.e. 5 parties of sundry creditors & 2 parties of unsecured loan), without appreciating that

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

34,00,000/- is prayed to be deleted. 3) The Ld. CIT(A) has erred in law and on facts in upholding the addition made by the Ld. AO towards alleged bogus purchases solely due to non-response to summons issued u/s 131 to certain creditors (i.e. 5 parties of sundry creditors & 2 parties of unsecured loan), without appreciating that