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57 results for “bogus purchases”+ Deemed Dividendclear

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Key Topics

Section 143(3)66Addition to Income47Disallowance38Section 153A33Section 40A(3)28Section 14A24Section 26317Section 271(1)(c)16Section 143(2)16

SACHIN KANODIA,NEW DELHI vs. ITO WARD - 42(2), NEW DELHI

Appeal are dismissed

ITA 9504/DEL/2019[2015-16]Status: DisposedITAT Delhi10 May 2024AY 2015-16

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 142(2)Section 143(2)Section 2Section 68Section 69C

deeming fiction of section 68 of the Act without application of mind on part of Ld AO/Ld CIT-A to mere share sale which does not give rise to any cash credit in eyes of law, cant be legally countenanced. 6. That on the facts and in the circumstances of the case and in law, Id CIT-A erred

ACIT, NEW DELHI vs. M/S. NAGAR DAIRY PVT. LTD., NEW DELHI

In the result, Appeal of the Revenue in ITA No

Showing 1–20 of 57 · Page 1 of 3

Natural Justice15
Section 2(22)(e)14
Penalty11
ITA 5475/DEL/2015[2011-12]Status: DisposedITAT Delhi24 Nov 2022AY 2011-12

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

For Respondent: “1. On the facts and in the circumstances of the case
Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

Deemed dividend 72,18,132 72,18,132 Total addition 1,80,75,72,701 1,79,83,78,810 91,93,891 2,8,42,60,538 2,26,57,81,689 1,84,78,849 made On account of purchases

ACIT, NEW DELHI vs. M/S. NAGAR DAIRY PVT. LTD., NEW DELHI

In the result, Appeal of the Revenue in ITA No

ITA 5474/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Nov 2022AY 2010-11

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

For Respondent: “1. On the facts and in the circumstances of the case
Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

Deemed dividend 72,18,132 72,18,132 Total addition 1,80,75,72,701 1,79,83,78,810 91,93,891 2,8,42,60,538 2,26,57,81,689 1,84,78,849 made On account of purchases

DCIT, CENTRAL CIRCLE, GHAZIABAD vs. SOLITAIRE REALINFRA PRIVATE LIMITED, NOIDA

In the result, the appeal of the assessee for AY 2017-18 is partly allowed

ITA 1336/DEL/2021[2016-17]Status: DisposedITAT Delhi13 Jun 2025AY 2016-17
For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 132Section 153A

bogus transaction is not proved. It is only a suspicion and\npresumption of the Assessing Officer. Accordingly, ground no.3 raised by the\nRevenue is dismissed.\n17. With regard to Ground No.4, ld. DR of the Revenue brought to our notice\nrelevant facts from the assessment order, during assessment proceedings, the\nAO observed that the assessee has taken loan of Rs.10

DCIT, CENTRAL CIRCLE, GHAZIABAD vs. SOLITAIRE REALINFRA PRIVATE LIMITED, NOIDA

In the result, the appeal of the assessee for AY 2017-18 is partly allowed

ITA 1349/DEL/2021[2017-18]Status: DisposedITAT Delhi13 Jun 2025AY 2017-18
For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 132Section 153A

bogus transaction is not proved. It is only a suspicion and\npresumption of the Assessing Officer. Accordingly, ground no.3 raised by the\nRevenue is dismissed.\n17. With regard to Ground No.4, ld. DR of the Revenue brought to our notice\nrelevant facts from the assessment order, during assessment proceedings, the\nAO observed that the assessee has taken loan of Rs.10

PR. COMMISSIONER OF INCOME TAX(CENTRAL)-2 vs. NAGAR DAIRY PVT. LTD.

In the result, Appeal of the Revenue in ITA No

ITA - 320 / 2023HC Delhi18 Sept 2024
Section 131Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

bogus purchases? C. Whether the Ld. ITAT has erred in law on the facts of the case in adjudicating the addition made under Section 40A(3) of the Act when the assessee had not taken any ground in this respect before the Ld. CIT(A)? D. Whether, the Ld. ITAT has erred in law on the fats of the case

SOLITAIRE REALINFRA PRIVATE LIMITED,NOIDA vs. DCIT, GHAZIABAD

In the result, the appeal of the assessee for AY 2017-18 is partly allowed

ITA 1193/DEL/2021[2017-18]Status: DisposedITAT Delhi13 Jun 2025AY 2017-18
For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 132Section 153A

bogus transaction is not proved. It is only a suspicion and\npresumption of the Assessing Officer. Accordingly, ground no.3 raised by the\nRevenue is dismissed.\n17. With regard to Ground No.4, ld. DR of the Revenue brought to our notice\nrelevant facts from the assessment order, during assessment proceedings, the\nAO observed that the assessee has taken loan of Rs.10

BHARTIYA INTERNATIONAL LTD,NEW DELHI vs. DCIT,CIRCLE-4(2), NEW DELHI

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

ITA 2109/DEL/2022[2017-18]Status: DisposedITAT Delhi02 Jan 2024AY 2017-18

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

For Appellant: Shri Amit Goel, AdvFor Respondent: Shri Rajesh Kumar, CIT-DR
Section 143(3)Section 144BSection 144C(13)Section 14ASection 156

purchases. 6. On the facts and circumstances of the case and in law, the ld. assessing officer/ Id. TPO/ Hon'ble DRP have erred in making adjustment of Rs.23,06,351/- on account of commission on standby letter of credit.” 3. Grounds No.1 of the concise ground (supra) is dismissed as not pressed in the wake of averments made

M/S. BHUSHAN STEEL LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of the assessee for AY 2017-18 is partly allowed

ITA 1336/DEL/2016[2009-10]Status: DisposedITAT Delhi02 Apr 2025AY 2009-10

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 132Section 143(2)Section 153A

bogus transaction is not proved. It is only a suspicion and presumption of the Assessing Officer. Accordingly, ground no.3 raised by the Revenue is dismissed. 17. With regard to Ground No.4, ld. DR of the Revenue brought to our notice relevant facts from the assessment order, during assessment proceedings, the AO observed that the assessee has taken loan of Rs.10

ACIT, NEW DELHI vs. M/S. NAGAR DAIRY PVT. LTD., NEW DELHI

In the result, C.O. Nos. 26, 27 & 28/Del/2016 filed by the assessee are allowed, accordingly the Assessment Orders dated 28

ITA 5472/DEL/2015[2008-09]Status: DisposedITAT Delhi23 Nov 2022AY 2008-09

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 153CSection 271(1)(c)Section 40A(3)

Deemed dividend 9,56,634/- 7. As against the assessment orders for the Assessment Years 2007-08 to 2009-10 the assessee has preferred three separate appeals before the CIT(A) has partly allowed the appeal, wherein the Ld. CIT(A) has deleted the additions made under unexplained purchases and also deleted the disallowance claimed under financial charges

ACIT, NEW DELHI vs. M/S. NAGAR DAIRY PVT. LTD., NEW DELHI

In the result, C.O. Nos. 26, 27 & 28/Del/2016 filed by the assessee are allowed, accordingly the Assessment Orders dated 28

ITA 5473/DEL/2015[2009-10]Status: DisposedITAT Delhi23 Nov 2022AY 2009-10

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 153CSection 271(1)(c)Section 40A(3)

Deemed dividend 9,56,634/- 7. As against the assessment orders for the Assessment Years 2007-08 to 2009-10 the assessee has preferred three separate appeals before the CIT(A) has partly allowed the appeal, wherein the Ld. CIT(A) has deleted the additions made under unexplained purchases and also deleted the disallowance claimed under financial charges

ACIT, NEW DELHI vs. M/S. NAGAR DAIRY PVT. LTD., NEW DELHI

In the result, C.O. Nos. 26, 27 & 28/Del/2016 filed by the assessee are allowed, accordingly the Assessment Orders dated 28

ITA 5471/DEL/2015[2007-08]Status: DisposedITAT Delhi23 Nov 2022AY 2007-08

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 153CSection 271(1)(c)Section 40A(3)

Deemed dividend 9,56,634/- 7. As against the assessment orders for the Assessment Years 2007-08 to 2009-10 the assessee has preferred three separate appeals before the CIT(A) has partly allowed the appeal, wherein the Ld. CIT(A) has deleted the additions made under unexplained purchases and also deleted the disallowance claimed under financial charges

DCIT, CENTRAL CIRCLE-1, GURGAON vs. K.S.CHAWLA & SONS (HUF), NEW DELHI

In the result, the appeal preferred by the Revenue is found to be devoid of any merit and thus dismissed and the C

ITA 6974/DEL/2018[2013-14]Status: DisposedITAT Delhi24 Jul 2024AY 2013-14

Bench: Shri G. S. Pannu & Ms. Madhumita Royi.T.A. No. 6974/Del/2018 (Assessment Year : 2013-14) Acit Vs. K. S. Chawla & Sons (Huf) 7Th Floor, Hsiidc Building, Central Circle – I, Gurugram Udyog Vihar, Phase-5, Gurugram Pan: Aadhk 7622 M

For Appellant: Shri Parikshi Aggarwal, C.AFor Respondent: Ms. Rishpal Bedi, CIT-D.R
Section 132Section 132(4)Section 148Section 153ASection 250

bogus purchases of Rs. 53 cr(approx) and miscellaneous income, all other offer of income is based on documents related to investment/expenditure during same period, which has been explained by the applicant through its fund flow statement. Hence, telescoping has to be allowed and during hearing even the department accepted the logic that both income and expenditure during same period

DCIT, NEW DELHI vs. SH. SUBHASH CHANDRA SEHGAL, NEW DELHI

In the result, the appeal of the Revenue is dismissed for AY 2009-10

ITA 3205/DEL/2014[2009-10]Status: DisposedITAT Delhi06 Apr 2023AY 2009-10

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2004-05 Asstt. Year: 2006-07 Asstt. Year: 2009-10

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Umesh Takyar, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 40A(2)(a)Section 80I

Deemed dividend added back under section 2(22)(e)- Rs. 44,93,268/- (16) Denial of claim of deduction under section 80IB 4. The assessee filed appeal before the Ld. CIT(A) against all the additions and disallowances. The Ld. CIT(A) deleted all of them except sales tax penalty. 5. Aggrieved, the Revenue is in appeal before the Tribunal

DCIT, NEW DELHI vs. SHRI SUBASH CHANDER SEHGAL, NEW DELHI

In the result, the appeal of the Revenue is dismissed for AY 2009-10

ITA 3054/DEL/2010[2006-07]Status: DisposedITAT Delhi06 Apr 2023AY 2006-07

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2004-05 Asstt. Year: 2006-07 Asstt. Year: 2009-10

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Umesh Takyar, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 40A(2)(a)Section 80I

Deemed dividend added back under section 2(22)(e)- Rs. 44,93,268/- (16) Denial of claim of deduction under section 80IB 4. The assessee filed appeal before the Ld. CIT(A) against all the additions and disallowances. The Ld. CIT(A) deleted all of them except sales tax penalty. 5. Aggrieved, the Revenue is in appeal before the Tribunal

ACIT, NEW DELHI vs. SH. SUBHASH CHANDER SEHGAL, NEW DELHI

In the result, the appeal of the Revenue is dismissed for AY 2009-10

ITA 325/DEL/2012[2004-05]Status: DisposedITAT Delhi06 Apr 2023AY 2004-05

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2004-05 Asstt. Year: 2006-07 Asstt. Year: 2009-10

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Umesh Takyar, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 40A(2)(a)Section 80I

Deemed dividend added back under section 2(22)(e)- Rs. 44,93,268/- (16) Denial of claim of deduction under section 80IB 4. The assessee filed appeal before the Ld. CIT(A) against all the additions and disallowances. The Ld. CIT(A) deleted all of them except sales tax penalty. 5. Aggrieved, the Revenue is in appeal before the Tribunal

MANMOHAN SINGH SEHGAL,DELHI vs. PR, CIT DELHI -10, NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 791/DEL/2021[2011-12]Status: DisposedITAT Delhi14 Sept 2023AY 2011-12

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 791/Del/2021 : Asstt. Year : 2011-12 Manmohan Singh Sehgal, Vs Pcit, C/O Ajay Arun Mehta & Associates, Delhi-10, Chartered Accountants, Shop No. 25, Dda Market, B Block, Preet Vihar, Delhi-110092 (Appellant) (Respondent) Pan No. Abaps6153M Assessee By : Sh. C. S. Anand, Adv. Revenue By : Sh. Subhra J. Chakraborty, Cit-Dr Date Of Hearing: 20.07.2023 Date Of Pronouncement: 14.09.2023 Order Per Dr. B. R. R. Kumar:

For Appellant: Sh. C. S. Anand, AdvFor Respondent: Sh. Subhra J. Chakraborty, CIT-DR
Section 143(3)Section 147Section 2(22)(e)Section 263Section 40Section 68Section 69Section 69C

bogus purchases could had been made. 9. That the learned PCIT Delhi-10 had failed to appreciate that during the first round of assessment proceedings (which travelled upto ITAT), the sources of the funds were thoroughly examined.” 3 Manmohan Singh Sehgal 3. The pertinent facts of the appeal are as under:  Assessment u/s 143(3) has been completed

JAMALUDDIN S/O SHRI CHUNIR AHMED,GHAZIABAD vs. ITO WARD 1(3), GHAZIABAD

ITA 3551/DEL/2025[2014-15]Status: DisposedITAT Delhi17 Dec 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 143(3)Section 145(3)Section 2(22)(e)

dividend under Section 2(22)(e) of the IT Act? 8. On 26.09.2019, notice was issued to the respondent-assessee in the instant case, which was duly accepted on the even date by the learned counsel for the respondent-assessee, who was present on advance notice. 9. Thereafter, on 21.07.2023, the matter was taken up for consideration and the order

JAMALUDDIN, GHAZIABAD vs. ITO WARD-1(3), GHAZIABAD

ITA 3550/DEL/2025[2014-15]Status: DisposedITAT Delhi17 Dec 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 143(3)Section 145(3)Section 2(22)(e)

dividend under Section 2(22)(e) of the IT Act? 8. On 26.09.2019, notice was issued to the respondent-assessee in the instant case, which was duly accepted on the even date by the learned counsel for the respondent-assessee, who was present on advance notice. 9. Thereafter, on 21.07.2023, the matter was taken up for consideration and the order

ASSOCIATED MACHINERY CORP. PVT. LTD.,GHAZIABAD vs. ITO, GHAZIABAD

In the result, the appeal of the Assessee is dismissed

ITA 4735/DEL/2013[2009-10]Status: DisposedITAT Delhi25 May 2022AY 2009-10

Bench: Shri Pradip Kumar Kedia & Shri Narender Kumar Choudhry

Section 143(3)Section 154Section 2(22)(e)Section 2(24)(x)Section 271(1)Section 271(1)(c)Section 36(1)(va)

dividend u/s 2(22)(e) 5,12,200/- iv) Bogus creditors 12,97,079/- v) Surrender on account of unverifiable creditors 100,00,000/- 4. On the aforesaid additions, penalty proceedings u/s 271(1)(c) of the Act have also been initiated by the Assessing Office and vide penalty order dated 29.06.2012 u/s 271(1)(c) of the Act imposed