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9 results for “bogus purchases”+ Section 40A(2)(b)clear

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Key Topics

Addition to Income8Section 35(1)(ii)7Section 686Section 143(3)5Disallowance5Section 1313Section 1443Bogus Purchases3Unexplained Cash Credit

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(2)(b

THE ACIT., PATAN CIRCLE,, PATAN vs. SHIV REFOILS AND CAKES, CHANSAMA, PATAN

In the result, the Revenue’s appeal is dismissed

3
Survey u/s 133A3
Section 133(6)2
Section 1332
ITA 1672/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad15 Oct 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1672/Ahd/2019 िनधा"रण वष" /Assessment Year : 2014-15 The Acit Shiv Refoils & Cakes बनाम/ Patan Circle, Plot No.2 Gidc Estate V/S. Patan – 384 265 Chanasma, Patan

For Appellant: Shri Manish J. Shah & Rushin Patel, ARsFor Respondent: Shri Prithviraj Meena, CIT-DR
Section 144Section 68

2, raised by Revenue, are relating to admission of additional evidence under Rule 46A. 4. Under Rule 46A of the Income Tax Rules, 1962, additional evidence can be admitted at the appellate stage if specific conditions are met, such as (a) the AO refusing to admit evidence that ought to have been admitted, (b) the appellant being prevented by sufficient

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)

section 40A(2)(b)of the Act, onus to prove the unreasonableness is on the Assessing Officer only. After ascertaining the fair market price, services and facilities available in the society and then to make such disallowance. Moreover, both the authorities below to make requisite enquiries in the matter. Further the very same Assessing Officer for the subsequent Asst. Year

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)

section 40A(2)(b)of the Act, onus to prove the unreasonableness is on the Assessing Officer only. After ascertaining the fair market price, services and facilities available in the society and then to make such disallowance. Moreover, both the authorities below to make requisite enquiries in the matter. Further the very same Assessing Officer for the subsequent Asst. Year

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

THE ACIT, MEHSANA CIRCLE, MEHSANA vs. SHRI UMESH VADILAL KHAMAR, MEHSANA

In the result, the appeal of the Revenue is dismissed

ITA 1136/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad16 Jul 2024AY 2014-15

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

For Appellant: Shri Bharat Trivedi, ARFor Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 131Section 131(3)Section 133ASection 143(2)Section 143(3)

b) Deleted the addition on account of Disallowed bogus purchase of Rs. 95,55,616/-. The relevant paras from the order of the Ld.CIT(A) are reproduced hereunder: “8,2 I have considered the facts of the case, assessment order and submission made by the appellant. The appellant has furnished the copies of accounts as appearing in the books

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

ITA 894/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad23 Sept 2025AY 2016-17

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

For Appellant: Shri Vipul Khandhar, A.RFor Respondent: Shri Amit Pratap Singh, Sr. D.R
Section 142(1)Section 143(2)Section 35(1)(ii)Section 36(1)

2 below sub-section (5) of section 40A to an employee engaged in such scientific research or on the purchase of materials used in such scientific research, the aggregate of the expenditure so laid out or expended within the three years immediately preceding the commencement of the business shall to the extent it is certified by the prescribed authority

INCOME TAX OFFICER, WARD-1(3)(1), AHMEDABAD, AHMEDABAD vs. RAJESHKUMAR RAMESHCHANDRA SHAH, AHMEDABAD

In the result, appeal filed by the Revenue is dismissed

ITA 1074/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad04 Sept 2025AY 2017-18

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

For Appellant: Shri Alpesh Parmar, CIT. DRFor Respondent: Shri Tushar Hemani, Sr. Advocate &
Section 250Section 68

bogus sales and there is either no corresponding stock with the appellant or there were no such purchases against these sales. 5.3.13 The Supreme Court in the case of Lalchand Bhagat Ambica Ram vs CIT [1959] 37 ITR 288 (SC) has held that where the cash deposited was out of the books of account & cash book and where such books

DIY FURNITURES PRIVATE LIMITED,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(2), AHMEDABAD

In the result, the appeal filed by the Assessee is dismissed for non-prosecution

ITA 909/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad11 Sept 2024AY 2017-18

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

Section 143(3)Section 234Section 37Section 40Section 40A(2)Section 68

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2017-18. I.T.A No. 909/Ahd/2023 A.Y. 2017-18 Page No 2 DIY Furnitures Pvt. Ltd. . vs. ITO 2. Today is the sixth time of hearing of the appeal, however none appeared on behalf of the assessee. Earlier Shri Paras