RAM GOPAL,HYDERABAD vs. ITO, WARD-8(2), HYDERABAD

In the result, appeal filed by the assessee is partly allowed

Bench: Shri R.K. Panda & Shri Laliet Kumar

Sections 68 and 69C of the Income Tax Act. The entire purchases shown on the basis of fictitious invoices have been debited in the trading account since the transaction has been found to be bogus. The Tribunal having once come to a categorical finding that the amount of Rs. 2,92,93,288/- represented alleged purchases from bogus suppliers

MAHALAKSHMI LABORATORIES PRIVATE LIMITED,HYDERABAD vs. ITO, WARD-17(1), HYDERABAD

In the result, the appeal of Revenue is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

Section 133(6) were sent to 4 Mahalakshmi Laboratories Pvt. Ltd. various suppliers. Further, notice u/s 142(1) of the Act along with questionnaire was issued on 26.07.2022. After availing various opportunities, finally assessee had responded to the notices with the required details. Assessing Officer after verification of the reply submitted by the assessee found that the assessee had taken

INCOME TAX OFFICER, WARD 17(1), HYDERABAD vs. MAHALAKSHMI LABORATORIES PVT LTD, HYDERABAD

In the result, the appeal of Revenue is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

Section 133(6) were sent to 4 Mahalakshmi Laboratories Pvt. Ltd. various suppliers. Further, notice u/s 142(1) of the Act along with questionnaire was issued on 26.07.2022. After availing various opportunities, finally assessee had responded to the notices with the required details. Assessing Officer after verification of the reply submitted by the assessee found that the assessee had taken

DCIT., CIRCLE 3(1), HYDERABAD vs. ROHINI MINERALS PRIVATE LIMITED , HYDERABAD

In the result, all the three appeals filed by the Revenue for the A

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.980/Hyd/2024, 1079/Hyd/2024 & 1080/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19, 2014-15 & 2015-16) Dcit Vs. M/S Rohini Minerals Circle-3(1) Private Limited Hyderabad Hyderabad [Pan :Aaccr0773N] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.K.Gupta, Ar रधजस् व द्वधरध/Revenue By: Shri B Bala Krishna, Cit-Dr Shri Srinath Sadanala, Sr.Ar

bogus purchases. Hon’ble Gujarat High Court in the case of Krishna Textiles Vs. CIT [2008] 174 Taxman 372 [2009] held that, the onus was on the revenue to prove that the income belongs to the assessee. The AO in this case did not doubt the sales, stock record maintained by the assessee. In the absence of any contrary finding

DCIT., CIRCLE 3(1), HYDERABAD vs. ROHINI MINERALS PRIVATE LIMITED, HYDERABAD

In the result, all the three appeals filed by the Revenue for the A

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.980/Hyd/2024, 1079/Hyd/2024 & 1080/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19, 2014-15 & 2015-16) Dcit Vs. M/S Rohini Minerals Circle-3(1) Private Limited Hyderabad Hyderabad [Pan :Aaccr0773N] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.K.Gupta, Ar रधजस् व द्वधरध/Revenue By: Shri B Bala Krishna, Cit-Dr Shri Srinath Sadanala, Sr.Ar

bogus purchases. Hon’ble Gujarat High Court in the case of Krishna Textiles Vs. CIT [2008] 174 Taxman 372 [2009] held that, the onus was on the revenue to prove that the income belongs to the assessee. The AO in this case did not doubt the sales, stock record maintained by the assessee. In the absence of any contrary finding

AMARAVATI ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD

In the result, the appeal of the assessee in ITA

Bench: Shri R.K. Panda & Shri Laliet Kumar

section 148 of the Income Tax Act 1961('the Act') were not satisfied and therefore, the order of the Ld.CIT (A) upholding the initiation of reassessment proceedings as valid is erroneous, invalid and unsustainable in law. 2. The Ld.CIT (A) failed to appreciate that the reassessment proceedings and recording of reasons emanated from the report of the Investigation wing

AMARAVATI ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD

In the result, the appeal of the assessee in ITA

Bench: Shri R.K. Panda & Shri Laliet Kumar

section 148 of the Income Tax Act 1961('the Act') were not satisfied and therefore, the order of the Ld.CIT (A) upholding the initiation of reassessment proceedings as valid is erroneous, invalid and unsustainable in law. 2. The Ld.CIT (A) failed to appreciate that the reassessment proceedings and recording of reasons emanated from the report of the Investigation wing

AMARAVATI ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

In the result, the appeal of the assessee in ITA

Bench: Shri R.K. Panda & Shri Laliet Kumar

section 148 of the Income Tax Act 1961('the Act') were not satisfied and therefore, the order of the Ld.CIT (A) upholding the initiation of reassessment proceedings as valid is erroneous, invalid and unsustainable in law. 2. The Ld.CIT (A) failed to appreciate that the reassessment proceedings and recording of reasons emanated from the report of the Investigation wing

AMARAVATI,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD

In the result, the appeal of the assessee in ITA

Bench: Shri R.K. Panda & Shri Laliet Kumar

section 148 of the Income Tax Act 1961('the Act') were not satisfied and therefore, the order of the Ld.CIT (A) upholding the initiation of reassessment proceedings as valid is erroneous, invalid and unsustainable in law. 2. The Ld.CIT (A) failed to appreciate that the reassessment proceedings and recording of reasons emanated from the report of the Investigation wing

BASANTH LAL SAH,HYDERABAD vs. ITO., WARD-11(1), HYDERABAD

Bench: Us :

9. The Ld. CIT(A) erred in upholding the additions alleging bogus purchases solely on the grounds that the creditors did not respond to notice issued u/s 133(6) of the Act and that the creditors did not file their income tax returns. 10. The Ld. CIT(A) erred in upholding the additions ignoring the judgements of Hon'ble High

BS LIMITED,HYDERABAD vs. ASST.COMISSIONER OF INCOME TAX, CIRCLE-2(3), HYDERABAD

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

Bench: Shri D. Manmohan & Shri S. Rifaur Rahmanassessment Year: 2013-14

bogus. 3.15.2. Erred in making proportionate disallowance of interest without appreciating the fact that the assessee has already offered profit and paid tax on the related purchases which is higher than certain percentage of the above expenditure which could have disallowed. 3.15.3. Ought to have appreciated the fact that the VAT/Service tax obligations have been duly complied with by assessee

MUSADDILALS JEWELLERS (INDIA) PRIVATE LIMITED.,HYDERABAD. vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(2)., HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2012-13 Musaddilals Jewellers (India) Vs. Asst. Commissioner Of Pvt. Ltd., Hyderabad. Income-Tax, Circle – 16(2), Hyderabad. Pan – Aafcm 4841 H

9. CIT Vs. MK Brothers, 163 ITR 249 (Guj.) 10. CIT Vs. Sunrise Tooling System P. Ltd., 361 ITR 206 (Guj.) 11. CIT Vs. Pradeep Kumar Gupta and Vijay Gupta, 303 ITR 95 (Del.) 12. Ramlila Pravin Shah, ITA No. 5246/Mum/2013. Dt. 05/03/2015. 6. Ld. DR relied on the order of CIT(A) and submitted that AO has elaborately discussed

VITHALDAS AND COMPANY ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1, HYDERABAD

Appeal is partly allowed in above terms

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

9. The appellant craves leave to add to amend or alter any of the above grounds as the occasion may require. 10. For these and other reasons that will be submitted at the time of hearing it is prayed that the appeal be allowed, reopening of assessment be quashed and also addition of Rs. 42,18,510/-.” 3. We have

DCIT., CIRCLE 3(1), HYDERABAD vs. S.P.Y AGRO INDUSTRIES LIMITED, HYDERABAD

In the result, the appeal of the revenue is allowed for statistical\npurposes

bogus purchases and the addition\nhas been restricted to 8% of Rs.23,31,50,007/- by Ld. CIT(A).\n5. With regard to the first issue, the Ld. DR submitted that, during\nthe year under consideration, there was an increase in share capital by\nRs.4,56,47,500/-. Accordingly, the Ld. AO called for the explanation\nfrom the assessee

S.P.Y AGRO INDUSTRIES LIMITED,HYDERABAD vs. DCIT., CIRCLE-3(1), HYDERABAD

In the result, the appeal of the revenue is allowed for statistical\npurposes

bogus purchases and the addition\nhas been restricted to 8% of Rs.23,31,50,007/- by Ld. CIT(A).\n5. With regard to the first issue, the Ld. DR submitted that, during\nthe year under consideration, there was an increase in share capital by\nRs.4,56,47,500/-. Accordingly, the Ld. AO called for the explanation\nfrom the assessee

DCIT., CIRCLE 3(1), HYDERABAD vs. ROHINI MINERALS PRIVATE LIMITED , HYDERABAD

In the result, the appeal of Revenue is dismissed

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleassessment Year: 2022-23 The Deputy Commissioner Of Vs. Rohini Minerals Private Limited, Income Tax, Hyderabad. Circle 3(1), Hyderabad. Pan : Aaccr0773N (Assessee) (Respondent) Assessee By: Shri S.K. Gupta, Advocate. Revenue By: Shri B. Bala Krishna, Cit-Dr 05.02.2025 Date Of Hearing: Date Of Pronouncement: 24.02.2025

Section 40A(2)(b) of the Act mandate the disclosure of such transactions in the financial statements and tax audit report. Although, the Assessing Officer has pointed out various defects, including corresponding bogus sales made to related parties to support the addition made towards bogus purchases from the related party, but the LD.CIT(A) deleted the addition made

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELECOM INFRASTRUCTURE PRIVATE LIMITED, HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

Bench: Shri R.K. Panda & Shri Laliet Kumar

bogus/ accommodation entries of purchase bills/unexplained and unverifiable expenses with various vendors have been pointed in a show-cause notice is erroneous. The disallowance made by the learned AO is not based on any specific finding and is devoid of appreciation of the details submitted by the Appellant. 2.2.2. In this regard, we wish to submit that during the assessment

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELECOM INFRASTRUCTURE PRIVATE LIMITED, HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

Bench: Shri R.K. Panda & Shri Laliet Kumar

bogus/ accommodation entries of purchase bills/unexplained and unverifiable expenses with various vendors have been pointed in a show-cause notice is erroneous. The disallowance made by the learned AO is not based on any specific finding and is devoid of appreciation of the details submitted by the Appellant. 2.2.2. In this regard, we wish to submit that during the assessment