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

SHRI PRAVIN SHIVLAL SHAH,,VADODARA vs. THE ITO, WARD-5(3),, BARODA

In the result, both the appeals filed by the Assessee is partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

section 69 of the I.T.Act, 1961." ITA Nos. 1379 & 1380/Ahd/2016 20 . A.Ys. 2010-11-2011-12 4. Against the addition of 12.5% of the total purchase, assessee preferred first statutory appeal before the ld. CIT(A) who held that the undisclosed income of the appellant should be assessed @ 10% of purchase shown to have been made by him from

THE DY. CIT, (OSD)-I, CIRCLE-4,, AHMEDABAD vs. M/S. KINTECH SYNERGY PVT. LTD., AHMEDABAD

In the result, the appeals are dismissed

section 143(3) r.w.s. 147 of the Income Tax Act, 1961 for the assessment years 2009-10 and 2010-11. 2. Grievances raised in the appals, which are common but for amounts involved, are as follows :- ITA Nos.2377 & 2378/Ahd/2015 C.O. Nos.186 & 187/Ahd/2015 Assessment Years: 2009-10 & 2010-11 Page 2 of 5 “1. The Ld. CIT(A) has erred

THE DY. CIT, (OSD)-I, CIRCLE-4,, AHMEDABAD vs. M/S. KINTECH SYNERGY PVT. LTD.,, AHMEDABAD

In the result, the appeals are dismissed

section 143(3) r.w.s. 147 of the Income Tax Act, 1961 for the assessment years 2009-10 and 2010-11. 2. Grievances raised in the appals, which are common but for amounts involved, are as follows :- ITA Nos.2377 & 2378/Ahd/2015 C.O. Nos.186 & 187/Ahd/2015 Assessment Years: 2009-10 & 2010-11 Page 2 of 5 “1. The Ld. CIT(A) has erred

DISHA RESOURCES LTD. (FORMERLY KNOWN AS ARIHANT AVENUES AND CREDIT LIMITED.),AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-2(1), AHMEDABAD

In the result, the appeal of the assessee is dismissed

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

Section 35(1)(ii) of Income Tax Act, 1961. 4. On 27/01/2015, the Investigation Wing Kolkata conducted survey and recorded statement of Founder and Secretary Smt. Samadrita Mukherjee Sardar who has signed the donation receipt was recorded in which she accepted that the said institute is engaged in providing bills in guise of Donation and money is routed back

DISHA RESOURCES LTD. (FORMERLY KNOWN AS ARIHANT AVENUES AND CREDIT LIMITED.),AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-2(1), AHMEDABAD

In the result, the appeal of the assessee is dismissed

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

Section 35(1)(ii) of Income Tax Act, 1961. 4. On 27/01/2015, the Investigation Wing Kolkata conducted survey and recorded statement of Founder and Secretary Smt. Samadrita Mukherjee Sardar who has signed the donation receipt was recorded in which she accepted that the said institute is engaged in providing bills in guise of Donation and money is routed back

THE ACIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. PANKAJ COTTON INDUSTRIES, PATAN

bogus purchases disallowance @ 25% would cover this latter figure as well. The CIT(A) lastly reverses Assessing Officer’s findings in part making section 68 addition of Rs. 32385600/- to the tune of Rs. 449304/- only as under: “In ground no.5 the appellant has disputed the addition of Rs.3,23,85,600 being unexplained cash credit. Perusal of para

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 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. 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. 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

PARAG DAVE,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1) (PREVIOUSLY CIRCLE-3(3)), AHMEDABAD

In the result, appeal filed by the assessee is dismissed

Bench: Ms. Suchitra Kamble & Makarand V. Mahadeokarassessment Year 2016-17

bogus donation payment in cash and therefore the claim made by the assessee is not genuine claim u/s. 35(1)(ii) of the Income tax Act and thus disallowed Rs. 26,50,000/- being 175% donation of Rs. 15,00,000/-. The Assessing Officer further made addition of Rs. 51,731/- towards late payment of employees PF/ESIC contribution. 4. Being

TRUSHAR PARIMAL SHAH,,BHAVNAGAR vs. ITO, WARD-1(3),, BHAVNAGAR

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

Bench: Shri Kul Bharat & Shri Waseem Ahmedआयकर अपील सं./Ita No. 268/Ahd/2018 ("नधा"रण वष"/Assessment Year :2013-14) बनाम/ Trushar Parimal Shah The Income Tax 354, Madhav Darshan Officer Vs. Waghawadi Road Ward-1(3) Bhavnagar-364 002 Bhavnagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Axwps5561M (अपीलाथ"/Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By : Shri Tushar P. Hemani, Ar ""यथ" क" ओर से/Respondent By: Shri Nilabra Dasgupta, Sr.Dr सुनवाई क" तार"ख/ Date Of Hearing 29/08/2019 घोषणा क" तार"ख /Date Of Pronouncement 01/10/2019 आदेश / O R D E R Per Bench:

35,011/- u/s.69C of the Act by treating purchases as unexplained expenditure. 2. Alternatively and without prejudice, the learned CIT(A) erred in not limiting the disallowance to 25% of the purchases. 3. The learned CIT(A) has erred both in law and on the facts of the case in confirming the disallowance of bad debts amounting to Rs.5

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

bogus purchases had been set aside in entirety by the Hon’ble ITAT for fresh adjudication and therefore the earlier relief granted by the CIT(A) stood merged with the order of the Tribunal. It was observed that the Assessing Officer had rightly re-examined the entire issue in accordance with the directions of the ITAT and hence the contention

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMISSIONER 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

bogus purchases had been set aside in entirety by the Hon’ble ITAT for fresh adjudication and therefore the earlier relief granted by the CIT(A) stood merged with the order of the Tribunal. It was observed that the Assessing Officer had rightly re-examined the entire issue in accordance with the directions of the ITAT and hence the contention