AMQ AGRO INDIA PVT. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and both the appeals of the revenue are dismissed

Bench: Sh. H. S. Sidhudr. B. R. R. Kumar(Through Video Conferencing) Ita No. 2805/Del/2018 : Asstt. Year : 2013-14 Ita No. 2806/Del/2018 : Asstt. Year : 2014-15 M/S Amq Agro India Pvt. Ltd. Vs Asstt. Commissioner Of Income C-134, Ground Floor, Defence Tax, Central Circle-19, Colony, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Aaeca0929M

2) ITA No. 4409/Del/2018 (Ground No. 1) 7. The AO has made addition of Rs.21,94,53,000/- treating the purchases as bogus. The ld. CIT (A) has treated 75% of the purchases as genuine and 25% of the purchases as bogus. 8. The assessee came into appeal against the confirmation of 25% of the purchases and revenue came into

AMQ AGRO INDIA PVT. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, both the appeals of the assessee are partly allowed and both the appeals of the revenue are dismissed

Bench: Sh. H. S. Sidhudr. B. R. R. Kumar(Through Video Conferencing) Ita No. 2805/Del/2018 : Asstt. Year : 2013-14 Ita No. 2806/Del/2018 : Asstt. Year : 2014-15 M/S Amq Agro India Pvt. Ltd. Vs Asstt. Commissioner Of Income C-134, Ground Floor, Defence Tax, Central Circle-19, Colony, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Aaeca0929M

2) ITA No. 4409/Del/2018 (Ground No. 1) 7. The AO has made addition of Rs.21,94,53,000/- treating the purchases as bogus. The ld. CIT (A) has treated 75% of the purchases as genuine and 25% of the purchases as bogus. 8. The assessee came into appeal against the confirmation of 25% of the purchases and revenue came into

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

SHIV SHAKTI CONSTRUCTIONS ,GAUTAM BUDH NAGER vs. ACIT, CENTRAL CIRCLE-2, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

SHIV SHAKTI CONSTRUCTION,GAUTAM BUDH NAGER vs. ACIT, CENTRAL CIRCLE-2 , NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

SHIV SHAKTI CONSTRUCTONS ,GAUTAM BUDH NAGAR vs. ACIT CENTAL CIRCLE-2, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

purchases. Moreover, the Ld. CIT(A) has also acknowledged the stand of the AO that the creditors shown by the assessee are bogus, based on which the books of the assessee have been held unreliable and rejected. 2. The Ld. CIT(A) has erred in law as well as on facts by deleting the addition made on account of section

COMMISSIONER OF INCOME TAX vs. SUPERIOR CRAFTS

The appeals are dismissed holding that no substantial question of law arises for

purchasing stock had transported the raw material. Some other expenses were also incurred. However, while charging the cost price from the sister concerns, no element of charges/expenses on account of transportation etc. were charged. The tribunal examined the said aspect and has held as under:- “14.5 …..The assessee has challenged the decision of CIT(A) and it has been argued

M/S VARDAAN FASHION,NEW DELHI vs. JCIT, NEW DELHI

In the result ground No. 3 of the appeal of the assessee is dismissed

Bench: I.C.Sudhir & Shri Prashant Maharishivardan Fashions, Jcit, E-1/7, 2Nd Floor, East Patel Range-33, Vs. Nagar, New Delhi New Delhi Pan:Aacfv0423H (Appellant) (Respondent) Acit, Vardan Fashions, Circle-33(1) E-1/7, 2Nd Floor, East Patel Vs. New Delhi Nagar, New Delhi Pan:Aacfv0423H (Appellant) (Respondent)

40A (3) of the act on payment of Rs. 5.43 crores only. That means assessee has made a substantial payment that is almost Rs. 18 crores for purchases of goods through regular banking channel which is acceptable to ld AO. According to us the manner of Vardaan Fashions ITA No 1143 & 950/Del/2013 A Y 2007-08 the payment of these

ACIT, NEW DELHI vs. M/S VARDAN FASHION, NEW DELHI

In the result ground No. 3 of the appeal of the assessee is dismissed

Bench: I.C.Sudhir & Shri Prashant Maharishivardan Fashions, Jcit, E-1/7, 2Nd Floor, East Patel Range-33, Vs. Nagar, New Delhi New Delhi Pan:Aacfv0423H (Appellant) (Respondent) Acit, Vardan Fashions, Circle-33(1) E-1/7, 2Nd Floor, East Patel Vs. New Delhi Nagar, New Delhi Pan:Aacfv0423H (Appellant) (Respondent)

40A (3) of the act on payment of Rs. 5.43 crores only. That means assessee has made a substantial payment that is almost Rs. 18 crores for purchases of goods through regular banking channel which is acceptable to ld AO. According to us the manner of Vardaan Fashions ITA No 1143 & 950/Del/2013 A Y 2007-08 the payment of these

M/S. TRINITY GLOBAL ENTERPRISES LTD.,JAIPUR vs. ITO, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

40A(2)(b) of the Income Tax Act, 1961 and Rs. 5,60,500/- paid to others without assigning any reason for allowing only 30% of total expenditure claimed by the assessee.” 2 Trinity Global Enterprises Ltd. Share Application Money: Excerpts taken from the Assessing Officer: 3. During the assessment proceedings, the Assessing Officer observed that the assessee had issued