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

bogus purchases, since it was not disputed that purchases were actually made and payments for same were made through account payee cheque and further, assessee had already declared 7.5 per cent as gross profit, Tribunal was justified in restricting addition to 8 per cent of gross profit on impugned purchase transactions.\n6.7 On similar facts, Hon'ble ITAT, Mumbai

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

bogus purchases, since it was not disputed that purchases were actually made and payments for same were made through account payee cheque and further, assessee ITA No.254 to 256 and 274 to 276 /Ahd/2024 12 had already declared 7.5 per cent as gross profit, Tribunal was justified in restricting addition to 8 per cent of gross profit on impugned purchase

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

bogus purchases, since it was not disputed that purchases were actually made and payments for same were made through account payee cheque and further, assessee ITA No.254 to 256 and 274 to 276 /Ahd/2024 12 had already declared 7.5 per cent as gross profit, Tribunal was justified in restricting addition to 8 per cent of gross profit on impugned purchase

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

bogus purchases, since it was not disputed that purchases were actually made and payments for same were made through account payee cheque and further, assessee ITA No.254 to 256 and 274 to 276 /Ahd/2024 12 had already declared 7.5 per cent as gross profit, Tribunal was justified in restricting addition to 8 per cent of gross profit on impugned purchase

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\npurchases, since it was not disputed that purchases were actually made and\npayments for same were made through account payee cheque and further, assessee\nhad already declared 7.5 per cent as gross profit, Tribunal was justified in\nrestricting addition to 8 per cent of gross profit on impugned purchase transactions.\n6.7 On similar facts, Hon'ble ITAT, Mumbai

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\npurchases, since it was not disputed that purchases were actually made and\npayments for same were made through account payee cheque and further, assessee\nhad already declared 7.5 per cent as gross profit, Tribunal was justified in\nrestricting addition to 8 per cent of gross profit on impugned purchase transactions.\n6.7 On similar facts, Hon'ble ITAT, Mumbai

GUJARAT VAIBHAV PUBLICATIONS PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

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

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

bogus and 15% of the purchases was considered as income of the assessee and accordingly an addition of Rs.43,70,583/- was made. No transaction was found made with the other party M/s. A.M. Enterprise during the year. The assessment was completed under Section 143(3) read with Section 147 of the Act on 27.12.2019 at total income of Rs.42

GUJARAT VAIBHAV PUBLICATIONS PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

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

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

bogus and 15% of the purchases was considered as income of the assessee and accordingly an addition of Rs.43,70,583/- was made. No transaction was found made with the other party M/s. A.M. Enterprise during the year. The assessment was completed under Section 143(3) read with Section 147 of the Act on 27.12.2019 at total income of Rs.42

BHAGAT MARKETING PVT LTD,AHMEDABAD vs. PCIT-1, AHMEDABAD

In the result, in light of the above observations and the judicial precedents on the subject, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

bogus purchases in accordance with law and thus revision under section. 263 is nothing but a change of opinion and hence order u/s. 263 is bad in law. 2. The directions given to AO in para 7, 7.1 and 8

M/S. GSP CROP SCIENCE PVT. LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

In the result, both the appeals of the assessee are partly allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

8 14. In fact, therefore, he found the AO’s inquiries to have adequately established that the purchases were bogus. ITA No.891 and 892/Ahd/2018 9 15. Coming to the assessment order, we note that the AO rejected all contentions made by the assessee before him, and treated the purchases as bogus on the basis of statement of entry providers

M/S. GSP CROP SCIENCE PVT. LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

In the result, both the appeals of the assessee are partly allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

8 14. In fact, therefore, he found the AO’s inquiries to have adequately established that the purchases were bogus. ITA No.891 and 892/Ahd/2018 9 15. Coming to the assessment order, we note that the AO rejected all contentions made by the assessee before him, and treated the purchases as bogus on the basis of statement of entry providers

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

SADBHAV ENGINEERING LTD.,AHMEDABAD vs. DCIT, CENTRAL CIRCLE 1(3), AHMEDABAD, DCIT, CENTRAL CIRCLE 1(3), AHMEDABAD

In the result, all the appeals of the assessee are partly allowed\nand that of the Revenue are dismissed

8%. He\npointed out that the ITAT had considered it fair and just to restrict the\naddition to the extent of 12.5% of the bogus purchases. He pointed\nout that in Asst.Year 2009-10 also, the AO on the basis of information\nreceived from the Maharashtra Sales Tax Department, it found that\nthe assessee had claimed bogus purchase of material

ACIT, CIRCLE-1, BHAVNAGAR, BHAVNAGAR vs. LEELA GREENSHIP RECYCLING PRIVATE LIMITED, BHAVNAGAR

In the result, both the appeals are treated as partly allowed for statistical purposes in terms of above directions

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 2111/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Leela Greenship Recycling Pvt. Ltd., The Deputy Office No.303, 3Rd Floor, बनाम/ Commissioner V/S. B Wing, Leela Efcee, Of Income Tax, Near Aksharwadi Temple, Circle-1, Waghawadi Road, Bhavnagar. Bhavnagar-364002. "थायी लेखा सं./Pan: Aagcg8956L

8. The learned AR further submitted that the assessee had submitted full details and documentary evidences of purchases made from Mahadev Trading Co., including Purchase Register, Ledger of Mahadev Trading Co., Confirmation of Mahadev Trading Co., Purchase Invoices, Transport Receipts & Weighing Slips, Bank Statements showing RTGS payments, GST Returns (GSTR-2A) and GST Profile of Mahadev Trading

INDIAN ION EXCHANGE & CHEMICALS LIMITED,AHMEDABAD vs. THE ITO, WARD-2(1)(1) PREVIOUSLY WARD-2(1)(3), AHMEDABAD

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

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaassessment Year: 2014-15

8 5. The first ground pertains to reopening of the case under Section 148 of the Act. In the course of hearing, the Ld. AR of the assessee did not press this ground. Hence, this ground is dismissed. 6. The next ground pertains to addition of Rs.92,20,100/- on account of bogus purchase

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

8– reason that notices u/s 133(6) issued to seven parties returned unserved and in case of five other parties, no reply was received. The assessee has not furnished the copies of delivery challan and transport receipt. In view of above, it is held that the purchase remained unverified and the AO has correctly rejected books of account and added

RAJENDRAKUMAR CHHANALAL SHAH,MEHSANA vs. THE ITO, WARD-1, PATAN

In the result, the appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], for Assessment Year (AY) 2021-22. 2. The Assessee has taken following grounds of appeal:- “1. That on facts, in law, and on evidence on record, the learned NFAC has grievously erred in confirming the disallowance @ 2% (out of 3.92% made

SANKET RAMNIKLAL JOISAR,AHMEDABAD vs. INCOME TAX WARD 1(2)(1), AHD, AHMEDABAD

In the result, appeal filed by the assessee is allowed in above\nterms

8% of Turnover wherein all the details of purchase had\nbeen produced in reply to notice under sub section 1 of section\n142 of Income Tax Act, 1961 and the First Appellate Authority\nerred in confirming the same.\nThe First Appellate Authority has erred in not granting\nopportunity of being heard via Virtual Hearing for which specific\nrequest was made

ESPEE PHARMA CHEM PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

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

Bench: Ms. Suchitra Raghunath Kamble & Shri Narendra Prasad Sinhaassessment Year:2019-20

8. That, without prejudice, the addition relating to bogus purchase u/s 69C, if any, should be curtailed to the profit element in it and not the entire amount of purchase which has been done in the present case, it be held as such and the additions be deleted to that extent. 9 The AO erred in passing the impugned order