ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4) MUMBAI, PRATISHTHA BHAVAN MUMBAI vs. ASHTECH INDIA PVT LTD (E-FILING), ASHTECH HOUSE MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

bogus. In absence of . In absence of complete details provided, provided, the Assessing Officer is justified in the Assessing Officer is justified in making estimated disallowance disallowance @ 10% of total expenses on tyre of total expenses on tyre purchase. Accordingly, we uphold the finding of the Ld. CIT(A) on . Accordingly, we uphold the finding

M/S ASHTECH (INDIA) PRIVATE LIMITED ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

bogus. In absence of . In absence of complete details provided, provided, the Assessing Officer is justified in the Assessing Officer is justified in making estimated disallowance disallowance @ 10% of total expenses on tyre of total expenses on tyre purchase. Accordingly, we uphold the finding of the Ld. CIT(A) on . Accordingly, we uphold the finding

M/S ASHTECH (INDIA) PRIVATE LIMITED,MUMBAI CITY vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

bogus. In absence of . In absence of complete details provided, provided, the Assessing Officer is justified in the Assessing Officer is justified in making estimated disallowance disallowance @ 10% of total expenses on tyre of total expenses on tyre purchase. Accordingly, we uphold the finding of the Ld. CIT(A) on . Accordingly, we uphold the finding

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4) MUMBAI , PRATISHTHA BHAVAN MUMBAI vs. ASHTECH INDIA PVT LTD (E-FILING), ASHTECH HOUSE

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

bogus. In absence of . In absence of complete details provided, provided, the Assessing Officer is justified in the Assessing Officer is justified in making estimated disallowance disallowance @ 10% of total expenses on tyre of total expenses on tyre purchase. Accordingly, we uphold the finding of the Ld. CIT(A) on . Accordingly, we uphold the finding

M/S ASHTECH (INDIA) PRIVATE LIMITED,MUMBAI CITY vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4) , MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

bogus. In absence of . In absence of complete details provided, provided, the Assessing Officer is justified in the Assessing Officer is justified in making estimated disallowance disallowance @ 10% of total expenses on tyre of total expenses on tyre purchase. Accordingly, we uphold the finding of the Ld. CIT(A) on . Accordingly, we uphold the finding

M/S ASHTECH (INDIA) PRIVATE LIMITED,MUMBAI CITY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

bogus. In absence of . In absence of complete details provided, provided, the Assessing Officer is justified in the Assessing Officer is justified in making estimated disallowance disallowance @ 10% of total expenses on tyre of total expenses on tyre purchase. Accordingly, we uphold the finding of the Ld. CIT(A) on . Accordingly, we uphold the finding

DCIT CENTRAL CIRCLE-2(3), MUMBAI vs. M/S ASIAN STAR COMPANY LTD, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm M/S Asian Star Company Ltd. Dcit, Central Circle-2(3) Room No.803, 8Th Floor, 114-C, Mitta Court, Pratishtha Bhavan, Vs. M.K. Road, Churchgate, Nariman Point, Mumbai-400 020 Mumbai-400 021 (Appellant) (Respondent) Pan No. Aaaca4856B Assessee By : Shri Suchek Anchaliya, Ms. Vaishali More, Ars Revenue By : Smt. Shailja Rai, Cit Dr Date Of Hearing: 28.02.2023 Date Of Pronouncement : 23.05.2023

bogus purchases, he held that assessee has purchased from nine exempt private limited, MD of show Distributors private limited and with

IPCA LABORATORIES LTD.,MUMBAI vs. DY CIT -CC-5(2), MUMBAI

In the result, both the appeals of the assessee as well as the revenue for AYs 2009-10, 2010-11, 2011-12, 2012-13 & 2014-15 are partly allowed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T. A. No. 880/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2009-10) & आयकर अपील सं/ I.T. A. No. 879/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) & आयकर अपील सं/ I.T. A. No. 882/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2011-12) & आयकर अपील सं/ I.T. A. No. 881/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T. A. No. 883/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15)

bogus 24,92,650 1,08,17,902 29,39,917 69,98,521 - purchases 7. Disallowance of 67,41,600 66,18,000 69,48,900 69,48,900 - professional fees paid 8. Disallowance of sales 12,74,70,526 14,42,93,377 21,00,46,026 24,42,74,056 24,62,91,946 promotion expenses

M/S ASHTECH (INDIA) PRIVATE LIMITED,MUMBAI CITY vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(4), MUMBAI

The appeal of the Revenue is dismissed

purchases from M/s Om Shree\nSiddhivinayak tyres are in the nature of bogus. In absence of\ncomplete details provided, the Assessing Officer is justified in\nmaking estimated disallowance @ 10% of total expenses on tyre\npurchase. Accordingly, we uphold the finding of the Ld. CIT(A) on\nthe issue in dispute and dismiss the ground No. 2 of the appeal

ASSISTANT COMMISSIONER-19(1), MUMBAI, MUMBAI vs. KDM IMPEX, MUMBAI

In the result, appeal of the revenue is dismissed, in terms of our\naforesaid observations

bogus purchases has obseved as follows:\n“8. Ground No 2 to 5: These grounds have been raised\nagainst the action of the A.O in making an addition of 100%\nof the amount of purchases amounting Rs.2,73,56,857/-\nfrom M/s. Jewel Diam and M/s Rose Impex as income under\nsection 69C of the Act.\n6\nACIT

DCIT-C-6(2), MUMBAI vs. SAMIRA HABITATS INDIA LIMITED, MUMBAI

In the result, the cross-objection by the assessee for the assessment year 2012-13 is dismissed

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailita No.5714/Mum/2024 Assessment Year : 2011-12 Assessment Year : 2012-13 Assessment Year : 2009-10

exempted income had been earned by the assessee during the year under consideration?" 4. The issue arising in Ground No. (i), raised in Revenue’s appeal, pertains to restricting the disallowance made on account of bogus purchases

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -3(2), MUMBAI vs. VIRAJ PROFILES PRIVATE LIMITED, MUMBAI

In the result, appeal filed by the assessee is partly allowed as per above directions

Bench: Shri Narender Kumar Choudhry, Hon’Ble & Shri S. Rifaur Rahman, Hon'Bleviraj Profiles Pvt Ltd V. Dy. Cit - Central Circle- 3(2) (Formerly Known As Viraj Profiles Limited) Room No. 1923, 19Th Floor 1St Floor, Viraj Towers Air India Building Jn Of Andheri Kurla Road Nariman Point W.E. Highway, Andheri (E) Mumbai- 400021 Mumbai- 400093 Pan: Aabcv1740N (Appellant) (Respondent) Dy. Cit - Central Circle- 3(2) V. Viraj Profiles Pvt Ltd (Formerly Known As Viraj Profiles Limited) Room No. 1923, 19Th Floor 1St Floor, Viraj Towers Air India Building, Nariman Jn Of Andheri Kurla Road Point W.E. Highway, Andheri (E) Mumbai- 400021 Mumbai- 400093 Pan: Aabcv1740N (Appellant) (Respondent) Assessee Represented By : Shri. Mani Jain Department Represented By : Shri. Ujjawal Kumar Chavan

bogus purchases aggregating to Rs. 1,65,72,573/- made u/s 37 of the Act, for the reasons mentioned in the impugned order or otherwise. The Appellant submits that the aforesaid addition being excessive on facts and prays that the same be suitably reduced. 5. On the facts and in the circumstances of the Appellant's case

VIRAJ PROFILES PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), MUMBAI

In the result, appeal filed by the assessee is partly allowed as per above directions

Bench: Shri Narender Kumar Choudhry, Hon’Ble & Shri S. Rifaur Rahman, Hon'Bleviraj Profiles Pvt Ltd V. Dy. Cit - Central Circle- 3(2) (Formerly Known As Viraj Profiles Limited) Room No. 1923, 19Th Floor 1St Floor, Viraj Towers Air India Building Jn Of Andheri Kurla Road Nariman Point W.E. Highway, Andheri (E) Mumbai- 400021 Mumbai- 400093 Pan: Aabcv1740N (Appellant) (Respondent) Dy. Cit - Central Circle- 3(2) V. Viraj Profiles Pvt Ltd (Formerly Known As Viraj Profiles Limited) Room No. 1923, 19Th Floor 1St Floor, Viraj Towers Air India Building, Nariman Jn Of Andheri Kurla Road Point W.E. Highway, Andheri (E) Mumbai- 400021 Mumbai- 400093 Pan: Aabcv1740N (Appellant) (Respondent) Assessee Represented By : Shri. Mani Jain Department Represented By : Shri. Ujjawal Kumar Chavan

bogus purchases aggregating to Rs. 1,65,72,573/- made u/s 37 of the Act, for the reasons mentioned in the impugned order or otherwise. The Appellant submits that the aforesaid addition being excessive on facts and prays that the same be suitably reduced. 5. On the facts and in the circumstances of the Appellant's case

ACIT-191, MUMBAI vs. AURO EXPORTS, MUMBAI

Appeal of the revenue is dismissed and cross objection by the assessee is also dismissed

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bleacit – 19(1) V. M/S. Auro Exports Room No. 506, 5Th Floor 401, Mehta Mahal Piramal Chambers, Lalbaug Opp. Roxy Cinema, Charni Road Mumbai - 400012 Opera House, Mumbai – 400004 Pan: Aaafa9339G (Appellant) (Respondent)

bogus purchase cases, Gujarat High court adopted the profit @ 12.5% by taking the benefit derived out of the saving of taxes, considering the profit margin in that line of trade. In the light of the above, one has to see in the present case, who are in the manufacturing and trading of diamonds, the profit element embedded estimation

IPCA LABORATORIES LTD.,MUMBAI vs. DY CIT -CC-5(2), MUMBAI

bogus purchases to 8% of the value of supplies\nacross all AYs 2009-10, 2010-11, 2011-12 & 2012-13. With these\ndirections, the grounds of the assessee are partly allowed and the\ngrounds raised by the Revenue are dismissed.\n10. Issue 7: Disallowance of professional fees paid\nGround Nos. 8-11 of the Revenue’s appeal

CIT -CC5(2) CENTRAL RG., -5,, MUMBAI vs. M/S. IPCA LABORATORIES LTD, MUMBAI

bogus purchases to 8% of the value of supplies\nacross all AYs 2009-10, 2010-11, 2011-12 & 2012-13. With these\ndirections, the grounds of the assessee are partly allowed and the\ngrounds raised by the Revenue are dismissed.\n10. Issue 7: Disallowance of professional fees paid\nGround Nos. 8-11 of the Revenue’s appeal

IPCA LABORATORIES LTD.,MUMBAI vs. DY CIT CC-5(2), MUMBAI

bogus\npurchases\n24,92,650\n1,08,17,902\n29,39,917\n69,98,521\n7.\nDisallowance of\nprofessional fees paid\n67,41,600\n66,18,000\n69,48,900\n69,48,900\n8.\nDisallowance of sales\npromotion expenses

IPCA LABORATORIES LTD.,MUMBAI vs. DY CIT CC-5(2), MUMBAI

bogus\npurchases\n24,92,650\n1,08,17,902\n29,39,917\n69,98,521\n-\n7.\nDisallowance of\nprofessional fees paid\n67,41,600\n66,18,000\n69,48,900\n69,48,900\n-\n8.\nDisallowance of sales\npromotion expenses