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

89,380/- of purchases. 4.3.1 In assessment proceedings and before me in appellate proceedings, the appellant submitted that: (i) In circular trading, there are no bogus / fictitious purchases / sales, but the circular trading is adhered to show better turnover. (ii) The appellant company has furnished circular trading sample bills and chart before Settlement Commission vide submission dated

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:

bogus purchases would meet ends of justice. 9. On the other hand, the Ld. DR before us vehemently supported the order of the authorities below. 10. We have heard the rival contentions of both the parties and perused the materials available on record. The AO in the instant case has treated the purchases from the 2 parties namely Impex Sales

M/S. ARMEE INFOTECH,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(3),, AHMEDABAD

In the result, ITA No.1778/Ahd/2016 (by Revenue) is dismissed, and ITA No

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedआयकर अपील सं./ Ita No.1778/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2012-13 Acit,Cir.6(1), Vs. Armee Infotech Ahmedabad. 1002, Akik Building Opp: Rajpath Club, Sg Highway, Ahmedabad 380 0054. Pan : Aaifa 4964 D

bogus purchases. This exercise worked out to disallowance of Rs.59,16,000/- out of the total disallowance made by the AO. In this way, the ld.CIT(A) has partly deleted disallowance and partly confirmed. 10. Before us, the ld.DR relied upon the finding of AO. He contended that the liability was contingent in nature. The assessee failed to prove genuineness

THE ACIT, CIRCLE-6(1),, AHMEDABAD vs. ARMEE INFOTECH,, AHMEDABAD

In the result, ITA No.1778/Ahd/2016 (by Revenue) is dismissed, and ITA No

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedआयकर अपील सं./ Ita No.1778/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2012-13 Acit,Cir.6(1), Vs. Armee Infotech Ahmedabad. 1002, Akik Building Opp: Rajpath Club, Sg Highway, Ahmedabad 380 0054. Pan : Aaifa 4964 D

bogus purchases. This exercise worked out to disallowance of Rs.59,16,000/- out of the total disallowance made by the AO. In this way, the ld.CIT(A) has partly deleted disallowance and partly confirmed. 10. Before us, the ld.DR relied upon the finding of AO. He contended that the liability was contingent in nature. The assessee failed to prove genuineness

ASSISTANT COMMISSIONER OF INCOME TAX, VEJALPUR vs. KRISHNAAVTAR J KABRA (HUF), AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice- & Shri Siddhartha Nautiyal

Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], for Assessment Year (AY) 2012-13. 2. The Revenue has raised following grounds in its appeal:- “1. Whether the CIT(A) has justified in law and on facts in deleting the addition of Rs. 3,51,71,221/- made on account of disallowance

SHRI HAJI MOHMMADSAFI ABDULREHMAN SHAIKH,BARODA vs. THE DCIT, CIRCLE-3 (1),, BARODA

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

89,643/-. The relevant part of the decision of the ld. CIT(A) is reproduced as under:- “ 4.1. Ground No. 1. pertains to disallowance of expenses of Rs. l,36,37,643/- being bogus purchases. During the course of assessment proceedings, the Assessing Officer required the assessee to furnish details of more than Rs. 1,00,000/- and accordingly

THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. EL DORADO BIOTECH PRIVATE LIMITED,, AHMEDABAD

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

purchases, bogus sales and the bogus investments through the companies as discussed above. 7. In view of the above, the AO initiated the income escapement proceedings under Section 147 of the Act by issuing a notice dated 30th March 2016 under Section 148 of the Act. The assessee in response to such notice filed its return of income dated 27th

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

bogus by the Maharashtra VAT department. To our understanding, based upon the information received from the 3rd party, until and unless it is confronted to the assessee, no adverse inference can be drawn. There can be various reasons for the cancellation of the registration such as ITA No. 1462, 1463, 1519 & 1520/Ahd/2018 [Sun Pharma Laboratories

RAMJIBHAI KESARAJI PATEL,VADODARA vs. THE ITO, WARD-1(2)(2), VADODARA

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

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

section 69C towards alleged bogus purchases. The details of the same are as under:- Date Amount (Rs.) Amount credited to the account of 23.06.2017 2,68,611 Raghav Traders 23.06.2017 3,33,715 Helly Enterprises 23.06.2017 1,38,818 Laxmiraj Enterprises 11.08.2017 3,07,500 Laxmiraj Enterprises 16.10.2017 4,80,000 Laxmiraj Enterprises Total

DCIT, CIRCLE-1(1)(2), VADODARA vs. M/S KALPTARU PACKAGING PVT LTD, VADODARA

In the result, the appeal of the Revenue is dismissed and the cross objection disposed off as above

section 145(1) of the Act. The book result is rejected and the total income of the assessee is determined in the succeeding paras in the manner provided u/s 144 of the Act. Therefore, by borrowing the ratio and philosophy of judgment of Hon'ble Gujarat High Court in the case of M/s Vijay Proteins Ltd.[2015] 58 taxmann.com

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. THE DY.CIT.,(OSD)RANGE-1,, 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. The said ground is in connection with ground no.5 of Revenue’s appeal for which we have given detailed finding in hereinabove paragraphs. Thus, ground no.4 of assessee’s appeal is dismissed. 33. As regards ground no.5 of assessee’s appeal relating to confirming of disallowance of Rs.14,62,818/- being irrecoverable deposit written off in books

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. The said ground is in connection with ground no.5 of Revenue’s appeal for which we have given detailed finding in hereinabove paragraphs. Thus, ground no.4 of assessee’s appeal is dismissed. 33. As regards ground no.5 of assessee’s appeal relating to confirming of disallowance of Rs.14,62,818/- being irrecoverable deposit written off in books

SABBIRALI ALIMIYA SAIYED,VADODARA vs. THE ITO, WARD-3(1)(1),, VADODARA

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 904/Ahd/2018 िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/Asstt. Year: 2014-15 वष"

section 10(38). It is evident from various details along with meticulous analysis that share transactions were not genuine. It was noted that the purchase of shares was off market purchase not reported in the stock exchange. Moreover, the purchase was through a back date contract note in cash and, there was no trial. It was also noted that

ACIT, CENTRAL CIRCLE-2, VADODARA, VADODARA vs. HK ISPAT PVT LTD, GODHRA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

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

purchase amount of Rs. 99,49,624/- under Section 69C of the Act, treating it as unexplained expenditure. 10.3 On appeal, the Ld. CIT(A) upheld the AO's finding that the suppliers were non-genuine but disagreed with the 100% disallowance. Relying on jurisdictional precedents, the Ld. CIT(A) restricted the addition to 6% of the purchase value, concluding

H K ISPAT PVT. LTD.,PANCHMAHAL vs. THE DY.CIT, CENTRAL CIRCLE-2, VADODARA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

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

purchase amount of Rs. 99,49,624/- under Section 69C of the Act, treating it as unexplained expenditure. 10.3 On appeal, the Ld. CIT(A) upheld the AO's finding that the suppliers were non-genuine but disagreed with the 100% disallowance. Relying on jurisdictional precedents, the Ld. CIT(A) restricted the addition to 6% of the purchase value, concluding