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

The appeal of the Revenue are allowed

purchase towards its possible profit, we do not find any reason to entertain the appeal. In the result, Tax Appeal is dismissed. (b) Commissioner of Income-tax -II v. Gujarat Ambuja Export Ltd. [2014] 43 taxmann.com 244 (Gujarat) I. Section 69 of the Income-tax Act, 1961 - Unexplained investments (Bogus

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

purchases though not verifiable the utilization of the material has been explained. iii. CIT v Bholanath Polyfab (P) Ltd. (2013) 355 ITR 290 (Guj.):- Section 69 of the Income-tax Act, 7967 - Undisclosed investments [Bogus

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

In the result, the appeals are dismissed

purchases though not verifiable the utilization of the material has been explained. iii. CIT v Bholanath Polyfab (P) Ltd. (2013) 355 ITR 290 (Guj.):- Section 69 of the Income-tax Act, 7967 - Undisclosed investments [Bogus

BALDEVBHAI LALABHAI LUHAR,AHMEDABAD vs. INCOME TAX OFFICER, WARD-1(1)(2), PRATYAKSHAR BHAVAN,AHMEDABAD

In the result, the ground no

Bench: Shri Siddhartha Nautiyal & Shri Makarand Vasant Mahadeokar

purchases as bogus and made addition to assessee's income under section 69 of the Act. The Commissioner (Appeals) estimated

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. 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. 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

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

69,875/- out of total addition of Rs.1,16,98,747/- without proper consideration and appreciation of the facts of the case. In view of facts and submissions filed as well as legal position, the impugned addition on account of bogus purchases ought to have been restricted to the profit @ 5% on such purchases already shown and offered

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

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

Section 40 A(3) the alternate plea raised by the appellant has not been adjudicated upon. In my opinion the case of live stock exporter is on much more stronger looting than that of a dealer in meat. ITA Nos.1115 & 962/Ahd/2019 & CO No.10/Ahd/2022(in ITA No. 1115/A/19) Asst. Years –2012-13 & 2014-15 10.6 Further, remand report as submitted

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

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

Section 40 A(3) the alternate plea raised by the appellant has not been adjudicated upon. In my opinion the case of live stock exporter is on much more stronger looting than that of a dealer in meat. ITA Nos.1115 & 962/Ahd/2019 & CO No.10/Ahd/2022(in ITA No. 1115/A/19) Asst. Years –2012-13 & 2014-15 10.6 Further, remand report as submitted

DCIT CIRCLE-3(3), AHMEDABAD vs. SHRI ALPESHKUMAR C.PATEL, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 1908/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2011-2012 Alpeshkumar C. Patel, A.C.I.T., 503, Milestone Building, Vs. Circle-3(3), Drive In Road, Ahmedabad. Thaltej, Ahmedabad-380052. Pan: Aeapp9489G

bogus. The observation of the AO that amount credited in parties account immediately withdrawn or transferred is not based on any tangible materials. ITA nos.1908& 1991/AHD/2018 Asstt. Year 2011-12 9 9. The allegation that the assessee was holding more than one residential property is also not factually correct. As such the flat at Smita Tower purchased

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

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

section uses the words “derived from” as against “attributable to”. The Ld. AO observed that the words “derived from” are much narrower than the words “attributable to” and the benefit of deduction is available in respect of the income of the first degree only. Placing reliance on Pandian Chemicals Ltd. 262 ITR 278 (SC) and Sterling Foods

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

In the result, all three appeals of revenue are dismissed

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

section uses the words “derived from” as against “attributable to”. The Ld. AO observed that the words “derived from” are much narrower than the words “attributable to” and the benefit of deduction is available in respect of the income of the first degree only. Placing reliance on Pandian Chemicals Ltd. 262 ITR 278 (SC) and Sterling Foods

M/S. G.H. VIJAPURA,,MUMBAI vs. THE DY.CIT, SABARKANTHA CIRCLE,, HIMATNAGAR

In the result, appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.2699/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2009-10 1St M/S.G.H. Vijapura, Vs. Dcit, Sabarkantha Circle Floor, Aml Centre Himatnagar. Mahakali Caves Road Andher, Mumbai 93. Pan : Aabfg 3656 M

section 143(3) on 59.9.2011 at the total income of Rs.4,42,69,335/-. The AO thereafter got information from VAT Department of Mumbai exhibiting the fact that the assessee has obtained bills for bogus purchases

THE ACIT,(OSD)RANGE-1,, AHMEDABAD vs. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

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

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

bogus purchases to the tune of Rs.42,48,117/- (i.e. 25%) out of total purchases of Rs.1,69,92,471/-. 5. The Ld. CIT(A) has erred, both in law and on facts of the case, in confirming disallowance of Rs.14,62,818/- being irrecoverable deposits written off in books of account in respect of Earnest Money Deposit, Advance