ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

Charitable Trust wherein it was the premise of M/s Navjeevan Charitable Trust wherein it was the premise of M/s Navjeevan Charitable Trust wherein it was seen that Shri Vandravan P Shah has given donation u/s 35AC that Shri Vandravan P Shah has given donation u/s 35AC that Shri Vandravan P Shah has given donation u/s 35AC an amounting

MR. SAURABH ANIL GANDHI ,MUMBAI vs. INCOME TAX OFFICER WARD 42(3)(3), MUMBAI

In the result, the appeal by the assessee is dismissed

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhailmr. Saurabh Anil Gandhi A-502 Chanakya Chs Ltd. Mahavir Nagar, Opp. Ekta Nagar, New Link Road, Kandivali West, Mumbai- 400067 ............... Appellant Pan: Aelpg7302J

Charitable Trust is reproduced as follows: – 8 “Q.8 In the above questions you have stated that you never purchased goods for any amount and accommodation entries were obtained to book bogus

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

bogus purchases through\naccommodation entry providers. The entry providers after receipt of\ncheque payment from trust, encashes the cheque and returns back\ncash to the trust/trustee after retaining commission on the\naccommodation entries. Few entry providers who were covered u/s\n133A, have admitted of providing accommodation as donation to M/s\nNavjeevan Charitable

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

bogus purchases through\naccommodation entry providers. The entry providers after receipt of\ncheque payment from trust, encashes the cheque and returns back\ncash to the trust/trustee after retaining commission on the\naccommodation entries. Few entry providers who were covered u/s\n133A, have admitted of providing accommodation as donation to M/s\nNavjeevan Charitable

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

In the result, all the appeals of the revenue are dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

charitable institutions/trusts of Podar group to other charitable institution/trusts were bogus and the donee trusts had thereafter withdrawn cash from their bank accounts and given it back to Podar Group, which thereafter was ploughed into the companies of the said group through a maze of bogus companies, was an incorrect and a baseless allegation. The assessee further placed

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

In the result, all the appeals of the revenue are dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

charitable institutions/trusts of Podar group to other charitable institution/trusts were bogus and the donee trusts had thereafter withdrawn cash from their bank accounts and given it back to Podar Group, which thereafter was ploughed into the companies of the said group through a maze of bogus companies, was an incorrect and a baseless allegation. The assessee further placed

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

In the result, all the appeals of the revenue are dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

charitable institutions/trusts of Podar group to other charitable institution/trusts were bogus and the donee trusts had thereafter withdrawn cash from their bank accounts and given it back to Podar Group, which thereafter was ploughed into the companies of the said group through a maze of bogus companies, was an incorrect and a baseless allegation. The assessee further placed

DCIT, CENTRAL CIRCLE- 4(1), MUMBAI, MUMBAI vs. KANAKIA SPACES REALTY PVT. LTD., MUMBAI

In the result, appeal of the revenue is dismissed and cross-\nobjection filed by the assessee is allowed

bogus parties\na) Copy of bills\nSample bill at 'A'\nb) Proof of transportation\nFree delivery at site\nc) Purchase register\nEnclosed at 'B'\nd) Ledger account of parties\nEnclosed at 'C'\ne) Copy of stock register\nNot maintained\nf) Material receipt register\nSample GRN at 'D'\ng) Description of material purchased\nAggregates\nh) Use of material purchased\nIn construction

RAVINDRA K. RESHAWALA,MUMBAI vs. THE DY. COMM. OF INCOME TAX 17(1), MUMBAI

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

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleravindra K. Reshamwala V. Dcit- Circle 17(1) 7/A Pil Court, 111 M.K. Road Kautilya Bhavan, Bandra Kurla Complex Bandra (E), Mumbai- 400051 Churchgate, Mumbai- 400020 Pan: Aaafr2227C (Appellant) (Respondent) Assessee Represented By : Shri. Piyush Chhajed & Shri Sumit Mantri Department Represented By : Shri. Saurabh Kumar Rai

bogus and the donations received in cheques were returned in cash to all the donors after deducting nominal commission. Consequently, Survey Action conducted by the Investigation wing on some of the donors have conclusively proved that the Trust indeed returned by donations in cash," 4. During scrutiny proceedings, authorised representative of the assessee submitted a letter dated 01.07.2016 which

PADMASHREE DR. D.Y.PATIL UNIVERSITY ,MUMBAI vs. ACIT INCOME TAX CC-7(1) , MUMBAI

purchases to the tune of Rs.84.50 lakhs were not bogus.\nThe AO did not accept the same and added the amount of Rs.84.50 lakhs\nas income of the assessee in AY 2014-15 u/s. 69C of the Act.\n(i) The AO has also noticed that some of the employees have confirmed\nreceipt of capitation fee, but they have

DCIT, CC-7(1), MUMBAI vs. PADMASHREE DR. D.Y. PATIL UNIVERSITY, NAVI MUMBAI

In the result, all the appeals of the assessee are allowed and all the\nappeals of the revenue are dismissed

charitable activity and accordingly denied exemption u/s 11\nof the Act in all the years under consideration. The documents seized from\nthe employees also revealed various types of payments made outside the\nbooks of account. Accordingly, he took the view that the books of accounts\nof the assessee are not reliable and accordingly, rejected them. The assessee\ncontended before

PADMASHREE DR. D.Y. PATIL UNIVERSITY ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-7(1), MUMBAI

charitable activity and accordingly denied exemption u/s 11\nof the Act in all the years under consideration. The documents seized from\nthe employees also revealed various types of payments made outside the\nbooks of account. Accordingly, he took the view that the books of accounts\nof the assessee are not reliable and accordingly, rejected them. The assessee\ncontended before

PADMASHREE DR. D.Y.PATIL UNIVERSITY ,MUMBAI vs. ACIT INCOME TAX CC-7(1) , MUMBAI

In the result, all the appeals of the assessee are allowed and all the\nappeals of the revenue are dismissed

charitable activity and accordingly denied exemption u/s 11\nof the Act in all the years under consideration. The documents seized from\nthe employees also revealed various types of payments made outside the\nbooks of account. Accordingly, he took the view that the books of accounts\nof the assessee are not reliable and accordingly, rejected them. The assessee\ncontended before

DCIT, CC-7(1), MUMBAI vs. PADMASHREE DR. D.Y. PATIL UNIVERSITY, MUMBAI

In the result, all the appeals of the assessee are allowed and all the\nappeals of the revenue are dismissed

charitable activity and accordingly denied exemption u/s 11\nof the Act in all the years under consideration. The documents seized from\nthe employees also revealed various types of payments made outside the\nbooks of account. Accordingly, he took the view that the books of accounts\nof the assessee are not reliable and accordingly, rejected them. The assessee\ncontended before

DCIT, CC-7(1), MUMBAI vs. PADMASHREE DR. D.Y. PATIL UNIVERSITY, NAVI MUMBAI

charitable activity and accordingly denied exemption u/s 11\nof the Act in all the years under consideration. The documents seized from\nthe employees also revealed various types of payments made outside the\nbooks of account. Accordingly, he took the view that the books of accounts\nof the assessee are not reliable and accordingly, rejected them. The assessee\ncontended before

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases." 7.8.3. Since the facts in the instant case is identical to that of the assessee’s own case as mentioned above, we do not find any error in findings of the Ld.CIT(A), and M/s. JSW Steels Ltd. hence, we are inclined uphold findings of Ld.CIT(A) and reject ground taken by the revenue. Accordingly the ground No.13

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases." 7.8.3. Since the facts in the instant case is identical to that of the assessee’s own case as mentioned above, we do not find any error in findings of the Ld.CIT(A), and M/s. JSW Steels Ltd. hence, we are inclined uphold findings of Ld.CIT(A) and reject ground taken by the revenue. Accordingly the ground No.13

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases." 7.8.3. Since the facts in the instant case is identical to that of the assessee’s own case as mentioned above, we do not find any error in findings of the Ld.CIT(A), and M/s. JSW Steels Ltd. hence, we are inclined uphold findings of Ld.CIT(A) and reject ground taken by the revenue. Accordingly the ground No.13