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58 results for “bogus purchases”+ Section 40Aclear

Sorted by relevance

Mumbai377Delhi329Chennai134Kolkata100Bangalore59Ahmedabad58Amritsar45Hyderabad42Jaipur38Indore28Rajkot25Pune21Surat20Allahabad18Chandigarh17Nagpur15Jodhpur11Visakhapatnam9Guwahati9Cuttack8Raipur8Lucknow6Agra5Dehradun3Calcutta3Karnataka2Patna2Ranchi2Cochin1

Key Topics

Disallowance48Addition to Income37Section 143(3)33Section 14A33Section 6820Section 8014Section 143(2)12Section 40A(3)12Penalty11

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

ITA 962/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad31 May 2022AY 2014-15

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

For Appellant: Shri Vijaykumar Jaiswal, CIT DR &For Respondent: Shri Dushyant Maharshi, A.R
Section 143(3)Section 147

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

ITA 1115/AHD/2019[2012-13]Status: DisposedITAT Ahmedabad

Showing 1–20 of 58 · Page 1 of 3

Section 40A(2)(b)10
Section 80I10
Survey u/s 133A9
31 May 2022
AY 2012-13

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

For Appellant: Shri Vijaykumar Jaiswal, CIT DR &For Respondent: Shri Dushyant Maharshi, A.R
Section 143(3)Section 147

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

SHITAL VIPULKUMAR DHOLAKIA,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(3), AHMEDABAD

In the result, the appeal filed by the assessee is allowed for statistical\npurposes

ITA 259/AHD/2024[2021-22]Status: DisposedITAT Ahmedabad31 Jul 2025AY 2021-22
Section 133(6)Section 142(1)Section 143(3)Section 144BSection 250Section 40A(3)

bogus transactions is misplaced and cannot form the sole basis\nfor invoking disallowance under section 40A(3) of the Act.\n3.4 Having heard the rival contentions and upon a careful examination\nof the assessment order and the appellate order passed by the learned\nCIT(A), it emerges that the core issue in controversy pertains to the\nassessee's failure

RAMCHAND BHULCHAND RAJAI,BHAVNAGAR vs. THE DY.CIT.,CIRCLE-1, , BHAVNAGAR

ITA 167/AHD/2024[2009-10]Status: DisposedITAT Ahmedabad15 Jul 2024AY 2009-10

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 167/Ahd/2024 िनधा"रण वष"/Assessment Year : 2009-10 बनाम बनाम बनाम बनाम Ramchand Bhulchand Rajai, The Deputy Commissioner C/O. Jayesh Tyres, Vs. Of Income-Tax, Opp. Railway Station, Circle-1, Bhavnagar Bhavnagar-364001 Pan : Abmpr 4841 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा"रती की ओर से / Assessee By : Shri B.R. Popat, Ar ""थ" की ओर से / Revenue By: Shri Prateek Sharma, Sr Dr सुनवाई की तारीख /Date Of Hearing : 22/04/2024 घोषणा की तारीख /Date Of Pronouncement: 15/07/2024 आदेश/O R D E R Per Annapurna Gupta

For Appellant: Shri B.R. Popat, ARFor Respondent: Shri Prateek Sharma, Sr DR
Section 250Section 271(1)(c)Section 40A(3)

purchase register does not reflect expenses of Rs.12,12,400/- claimed by the assessee. Thus, the officer disallowed the unexplained expenses of Rs. 12,12,400/-. The Ld.CIT(A) vide order dated 28.03.2014 confirmed the addition of Rs. 1,81,860/- due to non verifiability of claim of expenses and also considering the volume of freight receipt

U.B. COTTON PVT. LTD,MUMBAI vs. THE DCIT CIRCLE-4(1)(1), AHMEDABAD

In the result, appeal of the assessee is hereby dismissed

ITA 85/AHD/2020[2008-09]Status: DisposedITAT Ahmedabad13 May 2022AY 2008-09

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumarassessment Year :2008-09 U.B. Cotton P.Ltd. Dcit, Cir.4(1)(1) Indian Globe Chamber Vs Ahmedabad. 7Th Floor, 142 Wh Marg, Fort Mumbai 400 001. Pan : Aaacu 5526 C अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Written Submissions Revenue By : Shri S.S. Shukla, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 04/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 13/05/2022 आदेश/O R D E R

For Appellant: Written SubmissionsFor Respondent: Shri S.S. Shukla, Sr.DR
Section 131Section 133(6)Section 142(1)Section 143(3)Section 14A

bogus purchases stands on the premise that goods may not have been purchased from the recorded parties but from some parties off the record. But there are 3 difficulties in taking such a apposition in the present case : 7 i. Such a plea has not even been taken by the appellant either as a ground of appeal

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. DEVRAJ INFRASTRUCTURE LTD.,, AHMEDABAD

In the result, all three appeals of revenue are dismissed

ITA 2441/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyanisl.

For Appellant: Shrui A.C. Shah, A.RFor Respondent: Shri Alok Kumar, CIT-DR
Section 143(3)Section 80

purchases of Rs. 91,18,800/- and bogus expenditure of Rs. 26,67,267/-. While computing taxable income under the head “Income from Business or Profession” the Ld. AO made disallowance of these items and consequently the taxable profit of business was enhanced to that extent. However the Ld. AO did not allow deduction

JCIT(OSD), CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. DEVRAJ INFRASTRUCTURE LTD.,, AHMEDABAD

In the result, all three appeals of revenue are dismissed

ITA 1607/AHD/2018[2010-11]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyanisl.

For Appellant: Shrui A.C. Shah, A.RFor Respondent: Shri Alok Kumar, CIT-DR
Section 143(3)Section 80

purchases of Rs. 91,18,800/- and bogus expenditure of Rs. 26,67,267/-. While computing taxable income under the head “Income from Business or Profession” the Ld. AO made disallowance of these items and consequently the taxable profit of business was enhanced to that extent. However the Ld. AO did not allow deduction

ACIT, CIRCLE-3(2), AHMEDABAD vs. M/S. KRAFT LAMINATE, AHMEDABAD

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

ITA 1841/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2015-16

Bench: Shri P.M. Jagtap, Vice- & Shri T.R. Senthil Kumarassessment Years : 2015-16 Assistant Commissioner Of M/S. Kraft Laminate, Income-Tax, Vs C/O. Laxmi Timber, Nr. Circle 3(2), Ahmedabad Mahalaxmi Textile Mill, Opp. Rajbai Patel Timber Market, Narol Naroda Highway, Narol, Ahmedabad-382405 Pan : Aamfk 8120 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri V.K. Singh, Sr. Dr Assessee By : Shri Manish J. Shah, Advocate सुनवाई क" तार"ख/Date Of Hearing : 24/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/03/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-:

For Appellant: Shri Manish J. Shah, AdvocateFor Respondent: Shri V.K. Singh, Sr. DR
Section 68

bogus. He held that once confirmation of the loan creditors had been filed by the assessee, any action if required was to be taken in the case of loan creditors and not in the case of the assessee. Relying on the decision of Hon’ble Jurisdictional High Court in the case of Rohini Builders Vs. DCIT (supra), he held that

PATEL KENWOOD PRIVATE LIMITED,ANKLESHWAR vs. INCOME TAX OFFICER, VADODARA

In the result, the appeal filed by the assessee is hereby allowed

ITA 60/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2017-18

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 131Section 133Section 133(6)Section 143(3)Section 40A(2)(b)

purchase of goods from M/s.Laxmi Enterprise as bogus. Thus the Ground No.1 raised by the assessee is hereby allowed. 11. The second ground namely rent paid to the furnished residential accommodation. The Ld. CIT(A) restricted the addition to 50% is on adhoc basis. There are various factors in valuing rent of a property namely the location, facilities like Garden

PATEL KENWOOD PRIVATE LIMITED,ANKLESHWAR vs. INCOME TAX OFFICER, VADODARA

In the result, the appeal filed by the assessee is hereby allowed

ITA 61/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2018-19

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 131Section 133Section 133(6)Section 143(3)Section 40A(2)(b)

purchase of goods from M/s.Laxmi Enterprise as bogus. Thus the Ground No.1 raised by the assessee is hereby allowed. 11. The second ground namely rent paid to the furnished residential accommodation. The Ld. CIT(A) restricted the addition to 50% is on adhoc basis. There are various factors in valuing rent of a property namely the location, facilities like Garden

SHRI HARSHAD JASWANTLAL SONI,AHMEDABAD vs. THE ADDL.CIT.,A'BAD RANGE-2,, AHMEDABAD

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

ITA 2885/AHD/2011[2008-09]Status: DisposedITAT Ahmedabad01 Oct 2019AY 2008-09
For Appellant: Shri Mehul K. Patel, A.RFor Respondent: Shri Mudit Nagpal, Sr. D.R
Section 143(2)Section 143(3)Section 145ASection 14A

bogus purchases to the extent of 5% to 25% depending on the nature of business. In the appellant's case it would be appropriate to make the addition of 10% of unverified purchases. In view of this the addition made by the assessing officer is confirmed to the extent of 10% of such purchases and balance addition is deleted

THE DCIT, CIRCLE-8,, AHMEDABAD vs. SHIVAM WATER TREATERS PVT. LTD.,, AHMEDABAD

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

ITA 1447/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad06 May 2022AY 2009-10

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

bogus transaction and added to the total income under section 68 of the Act and confirmed by the learned CIT-A. However the learned AR for the assessee before us submitted that share capital and premium for Rs. 4,29,82,420/- only received during the year. As such, the AO inadvertently treated the opening balance of share capital

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE ACIT, (OSD), CIRCLE-8,, AHMEDABAD

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

ITA 1320/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad06 May 2022AY 2009-10

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

bogus transaction and added to the total income under section 68 of the Act and confirmed by the learned CIT-A. However the learned AR for the assessee before us submitted that share capital and premium for Rs. 4,29,82,420/- only received during the year. As such, the AO inadvertently treated the opening balance of share capital

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-8, AHMEDABAD

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

ITA 187/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad06 May 2022AY 2011-12

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

bogus transaction and added to the total income under section 68 of the Act and confirmed by the learned CIT-A. However the learned AR for the assessee before us submitted that share capital and premium for Rs. 4,29,82,420/- only received during the year. As such, the AO inadvertently treated the opening balance of share capital

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1),, AHMEDABAD

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

ITA 2557/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad06 May 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

bogus transaction and added to the total income under section 68 of the Act and confirmed by the learned CIT-A. However the learned AR for the assessee before us submitted that share capital and premium for Rs. 4,29,82,420/- only received during the year. As such, the AO inadvertently treated the opening balance of share capital

THE DCIT, CENTRAL CIRCLE-1(4), AHMEDABAD vs. M/S. AWAS DEVELOPERS, AHMEDABAD

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

ITA 368/AHD/2020[2010-11]Status: DisposedITAT Ahmedabad13 Mar 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकरअपीलसं./Ita No. 368/Ahd/2020 धििाधरणवरध/Asstt. Year: 2010-2011 The D.C.I.T, M/S Awas Developers, Central Circle-1(4), Vs. “Agam Buglows” Ahmedabad. Opp. Subhash Society, Sanand-Kalol Road, Ahmedabad.

For Appellant: Shri Aseem L Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr. DR
Section 184Section 40ASection 68

purchaser to whom the sales of shops were effected. Onus heavily lay on the revenue to prove with corroborative evidence that the entries in the seized diary actually represented the sales made by the assessee. Such onus had not been discharged by the revenue. Mere entries in the seized material were not sufficient to prove that the assessee had indulged

GANDHI SHRENIK KANTILAL,GODHARA vs. ITO, WARD-2, GODHARA

In the result, appeal ITA 1758/Ahd/2018 is allowed and appeal ITA

ITA 1759/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad26 Oct 2021AY 2014-15
For Appellant: Shri Balkrishna Thakkar, A.RFor Respondent: Shri Purushottam Kumar, Sr. D.R
Section 143(2)Section 143(3)Section 40A(2)(b)

bogus expenses under the garb of rent paid to the persons as specified under section 40A(2)(b) of the Act. At the outset we note that the AO has made the disallowance of the rent expenses partly, meaning thereby, the AO has accepted part of the rent expenses as genuine. There was no basis provided

GANDHI SHRENIK KANTILAL,GODHARA vs. ITO, WARD-2, GODHARA

In the result, appeal ITA 1758/Ahd/2018 is allowed and appeal ITA

ITA 1758/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad26 Oct 2021AY 2013-14
For Appellant: Shri Balkrishna Thakkar, A.RFor Respondent: Shri Purushottam Kumar, Sr. D.R
Section 143(2)Section 143(3)Section 40A(2)(b)

bogus expenses under the garb of rent paid to the persons as specified under section 40A(2)(b) of the Act. At the outset we note that the AO has made the disallowance of the rent expenses partly, meaning thereby, the AO has accepted part of the rent expenses as genuine. There was no basis provided

JT. CIT (OSD), CIRCLE-3(1)(1),, AHMEDABAD vs. M/S. PRADIP OVERSEAS LTD., AHMEDABAD

In the result, the appeal of the revenue is dismissed

ITA 790/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad16 Sept 2021AY 2013-14
For Appellant: Shri Sakar Sharma, A.RFor Respondent: Shri O.P. Sharma, Sr. D.R
Section 143(2)Section 143(3)

Section 40A(2)a/40A(2)b. Considering all these facts a net profit of 0.5% is estimated on turnover of Rs.13.23 crores. Therefore, addition is sustained to extent of Rs.9.12 lakhs." 7. " None appeared on behalf of the assessee while as the learned DR vehemently supported the order of the learned AC sno prayed that the same may be sustained

THE DCIT, CIRCLE-4(1)(2), AHMEDABAD vs. VISHAL EXPORTS OVERSEAS PVT. LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

ITA 1647/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad14 Aug 2025AY 2015-16

Bench: Ms. Suchitra R. Kamble & Makarand V.Mahadeokarasstt.Year : 2015-2016 The Dcit, Cir.4(1)(2) Vishal Exports Overseas P.Ltd. Polytechnic Vs. 301, Sheetal Complex Ahmedabad. Mayur Colony Mithakali, Ahmedabad Pan : Aaacv 2354 D (Applicant) (Responent) : Shri Vivek Chavda, Ar Assessee By : Shri Rignesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 12/08/2025 घोषणा क" तारीख /Date Of Pronouncement: 14/08/2025

For Appellant: Shri Rignesh Das, CIT-DR
Section 143(1)Section 143(3)

purchase, sale, job work, or expenses had been found to be bogus or non-genuine. The AO had not invoked the provisions 6 of section 40A