INCOME TAX OFFICER, PIRAMAL CHAMBERS MUMBAI vs. BHARAT HIRALAL SHAH, MUMBAI

In the result, the appeal of the Revenue is allowed for eal of the Revenue is allowed for statistical purposes

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2010-11 Ito, Bharat Hiralal Shah, 501 5Th Floor, Income Tax Office 220, 4Th Floor Badrikashram 1St Piramal Chambers Lalbaug, Vs. Khetwadi Lane, Mumbai-400012. Mumbai-400004. Pan No. Aaeps 5511 N Appellant Respondent

natural justice, which Bharat Hiralal Shah allegations. 7.7 At this point it is beyond doubt that the appellant has At this point it is beyond doubt that the appellant has At this point it is beyond doubt that the appellant has provided substantial documentary evidence that was accepted vided substantial documentary evidence that was accepted vided substantial documentary evidence that

ITO41(2)(3),MUMBAI, BKC, MUMBAI vs. NIRMIT JATIN LATHIA, MUMBAI

In the result, both the appeals of the assessee and Revenue

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2010-11 Nirmit Jatin Lathia, Ito 29(2)(2), 2B/101, Jain Upashraya Lane, Kautilya Bhavan, Bkc, Vs. Tagore Nagar, Vikhroli East, Mumbai-400051. Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent Assessment Year: 2010-11 Ito 41(2)(3), Nirmit Jatin Lathia, Room No. 732, Om Sai Chs, Bldg. No. 2, B-Wing, Kautilya Bhavan, Bkc, Vs. Flat No. 101, Opp Bharat Nagar Mumbai-400051. Jain Upashraya Lane, Vikhroli (E), Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent

bogus purchases. c. The assessment order is passed u/s 143(3) r.w.s. 147 and not u/s c. The assessment order is passed u/s 143(3) r.w.s. 147 and not u/s c. The assessment order is passed u/s 143(3) r.w.s. 147 and not u/s 144. Therefore there cannot be an Therefore there cannot be any estimation of profits especially when

NIRMIT JATIN LATHIA,MUMBAI vs. ITO 29(2)(2), MUMBAI

In the result, both the appeals of the assessee and Revenue

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2010-11 Nirmit Jatin Lathia, Ito 29(2)(2), 2B/101, Jain Upashraya Lane, Kautilya Bhavan, Bkc, Vs. Tagore Nagar, Vikhroli East, Mumbai-400051. Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent Assessment Year: 2010-11 Ito 41(2)(3), Nirmit Jatin Lathia, Room No. 732, Om Sai Chs, Bldg. No. 2, B-Wing, Kautilya Bhavan, Bkc, Vs. Flat No. 101, Opp Bharat Nagar Mumbai-400051. Jain Upashraya Lane, Vikhroli (E), Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent

bogus purchases. c. The assessment order is passed u/s 143(3) r.w.s. 147 and not u/s c. The assessment order is passed u/s 143(3) r.w.s. 147 and not u/s c. The assessment order is passed u/s 143(3) r.w.s. 147 and not u/s 144. Therefore there cannot be an Therefore there cannot be any estimation of profits especially when

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

bogus purchases the penalty levied by the learned Assessing Officer and confirmed by the learned CIT (A) is sustainable or not. As the facts and circumstances leading to the addition in both these 08. appeals are similar, the learned Authorized Representative Ms. Ridhisha Jain, submitted a detailed written submission contesting the first ground of appeal stating that both the penalty

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

bogus purchases the penalty levied by the learned Assessing Officer and confirmed by the learned CIT (A) is sustainable or not. As the facts and circumstances leading to the addition in both these 08. appeals are similar, the learned Authorized Representative Ms. Ridhisha Jain, submitted a detailed written submission contesting the first ground of appeal stating that both the penalty

M/S A J COAL PVT LTD.,MUMBAI vs. ITO 6 (1)(1), MUMBAI

In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Ito-6(1)(1), M/S A.J. Coal Pvt. Ltd., Aayakar Bhavan, 24A, Coal Depot, Sewree (E), Vs. Room No. 503, 5Th Floor, M.K. Mumbai-400015. Road, New Marine Lines, Mumbai-400020. Pan No. Aabca 0386 M Appellant Respondent Assessment Year: 2009-10 M/S A.J. Coal Pvt. Ltd., Ito-6(1)(1), C/O M/S Jayesh Sanghrajka & Aayakar Bhavan, Room No. 503, Co. Llp, 405, Hind Rajasthan Vs. 5Th Floor, M.K. Road, New Marine Centre, Ds Phalke Road, Dadar Lines, Mumbai-400020. (East), Mumbai-400014. Pan No. Aabca 0386 M Appellant Respondent

bogus parties from whom Purchases made during the year where assessee has shown profit from sale during the year where assessee has shown profit from sale during the year where assessee has shown profit from sale of these goods shown as Purcha of these goods shown as Purchased from hawala parties, no sed from hawala parties, no addition is made

ITO 6 (1)(1), MUMBAI vs. M/S A J COAL PVT LTD., MUMBAI

In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Ito-6(1)(1), M/S A.J. Coal Pvt. Ltd., Aayakar Bhavan, 24A, Coal Depot, Sewree (E), Vs. Room No. 503, 5Th Floor, M.K. Mumbai-400015. Road, New Marine Lines, Mumbai-400020. Pan No. Aabca 0386 M Appellant Respondent Assessment Year: 2009-10 M/S A.J. Coal Pvt. Ltd., Ito-6(1)(1), C/O M/S Jayesh Sanghrajka & Aayakar Bhavan, Room No. 503, Co. Llp, 405, Hind Rajasthan Vs. 5Th Floor, M.K. Road, New Marine Centre, Ds Phalke Road, Dadar Lines, Mumbai-400020. (East), Mumbai-400014. Pan No. Aabca 0386 M Appellant Respondent

bogus parties from whom Purchases made during the year where assessee has shown profit from sale during the year where assessee has shown profit from sale during the year where assessee has shown profit from sale of these goods shown as Purcha of these goods shown as Purchased from hawala parties, no sed from hawala parties, no addition is made

ITO 25(2)(1), MUMBAI vs. ACTUBE ENTERPRISES, MUMBAI

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3941/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Income Tax Officer-25(2)(1) Actube Enterprises Room No. 505, C-10, 5Th 27, Laxmi Flat Owner Floor, Pratyakshkar Chs Limited , V. Bhavan, Bkc, M.G. Road Extension, Bandra(East), Vile Parle(East), Mumbai-400051 Mumbai-400057 स्थायी ऱेखा सं./ Pan: Aabfa2570J (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Vivek Anand Ojha (Dr) Assessee By: Apurva R. Shah (Ar) सुनवाई की तारीख /Date Of Hearing : 01.07.2019 घोषणा की तारीख /Date Of Pronouncement : 05.08.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 3941/Mum/2017, Is Directed Against Appellate Order Dated 15.03.2017 In Appeal No. Cit(A)-37/It-722/Ito-25(2)(1)/15-16, Passed By Learned Commissioner Of Income Tax (Appeals)-37, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year(Ay) 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 31.12.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay:2010-11. I.T.A. No.3941/Mum/2017

nature of business. 5.9 Considering the totality of the facts before me, as well as the judicial opinion available, I am inclined to agree with the appellant's stand that the addition is excessive. The A.O. has disallowed the amount of Rs.51,56,867/- on account of bogus purchases. The total purchase debited to the trading account from these parties

DCIT CC-7(2), MUMBAI, MUMBAI vs. MAN INDUSTRIES (I) LTD., MUMBAI

In the result, both the both the appeal of the Revenue are dismissed

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

natural justice. 2. Whether, on the facts a 2. Whether, on the facts and circumstances of the case and in nd circumstances of the case and in law, the Learned CIT(A) erred in deleting penalty of Rs. law, the Learned CIT(A) erred in deleting penalty of Rs. law, the Learned CIT(A) erred in deleting penalty

DCIT CC 7(2), MUMBAI, MUMBAI vs. M/S MAN INDUSTRIES (INDIA) LIMITED, MUMBAI

In the result, both the both the appeal of the Revenue are dismissed

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

natural justice. 2. Whether, on the facts a 2. Whether, on the facts and circumstances of the case and in nd circumstances of the case and in law, the Learned CIT(A) erred in deleting penalty of Rs. law, the Learned CIT(A) erred in deleting penalty of Rs. law, the Learned CIT(A) erred in deleting penalty

KIRAN NAVIN DOSHI,MUMBAI vs. ITO -23(2)(4), MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Saktijit Deysmt. Kiran Navin Doshi Income Tax Officer-23(2)(4) D-705, Kalp Nagri C-10, Pratyksha Kar Bhavan Vs. B.R. Road, Mulund (W) Bkc, Bandra East Mumbai 400080 Mumbai Pan – Abwpd5848A Appellant Respondent

bogus purchases where similar arguments were advanced to buttress the claim of purchase, held as under: “Considering the number of coincidences involved in the scheme, we are of the view that the entire scheme has been planned and coordinated by the assessee-firm. In the case of Homi Jehangir Gheesta vs. CIT (1961) 41 ITR 135 (SC) the apex Court

PURNA PURSHOTTAM EXPORTS ,MUMBAI vs. INCOME TAX OFFICER 32(2)(5), MUMBAI

In the result, the appeal of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2007-08 Purna Pushottam Exports, Ito-32(3)(5), Gala No. 329, Vardhman Mumbai. Vs. Industrial Estate, Behind Petrol Pump, S.V. Road, Dahisar East, Mumbai-400068. Pan No. Aaefp 8085 E Appellant Respondent Assessment Year: 2018-19 Purna Pushottam Exports, Acit Central Circle, 2(2), Gala No. 329, Vardhman Mumbai. Vs. Industrial Estate, Behind Petrol Pump, S.V. Road, Dahisar East, Mumbai-400068. Pan No. Aaefp 8085 E Appellant Respondent

natural justice and the same may be deleted. justice and the same may be deleted. 6. 6. Without prejudice to the above the Ld. CIT(A) failed to 6. Without prejudice to the above the Ld. CIT(A) failed to 6. Without prejudice to the above the Ld. CIT(A) failed to appreciate that the A.O. has erred in treating

PURNA PURSHOTTAM EXPORTS ,MUMBAI vs. ACIT CENTRAL CIRCLE,2(2), MUMBAI

In the result, the appeal of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2007-08 Purna Pushottam Exports, Ito-32(3)(5), Gala No. 329, Vardhman Mumbai. Vs. Industrial Estate, Behind Petrol Pump, S.V. Road, Dahisar East, Mumbai-400068. Pan No. Aaefp 8085 E Appellant Respondent Assessment Year: 2018-19 Purna Pushottam Exports, Acit Central Circle, 2(2), Gala No. 329, Vardhman Mumbai. Vs. Industrial Estate, Behind Petrol Pump, S.V. Road, Dahisar East, Mumbai-400068. Pan No. Aaefp 8085 E Appellant Respondent

natural justice and the same may be deleted. justice and the same may be deleted. 6. 6. Without prejudice to the above the Ld. CIT(A) failed to 6. Without prejudice to the above the Ld. CIT(A) failed to 6. Without prejudice to the above the Ld. CIT(A) failed to appreciate that the A.O. has erred in treating

DCIT 5(3)(1), MUMBAI vs. SILMOHAN GEMS PRIVATE LIMTED , MUMBAI

In the result, the appeals of the assessee

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

bogus purchases without providing any justification for arriving purchases without providing any justification for arriving purchases without providing any justification for arriving atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. 6. The learned CIT(A) has erred in law and on facts

SILMOHAN GEMS PVT LTD. COMPANY,MUMBAI vs. DCIT, CIRCLE-5(3)(1), MUMBAI

In the result, the appeals of the assessee

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

bogus purchases without providing any justification for arriving purchases without providing any justification for arriving purchases without providing any justification for arriving atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. 6. The learned CIT(A) has erred in law and on facts

SILMOHAN GEMS PVT LTD. COMPANY,MUMBAI vs. DCIT, CIRCLE-5(3)(1), MUMBAI

In the result, the appeals of the assessee

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

bogus purchases without providing any justification for arriving purchases without providing any justification for arriving purchases without providing any justification for arriving atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. 6. The learned CIT(A) has erred in law and on facts

DCIT 5(3)(1), MUMBAI vs. SILMOHAN GEMS PRIVATE LIMITED, MUMBAI

In the result, the appeals of the assessee

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

bogus purchases without providing any justification for arriving purchases without providing any justification for arriving purchases without providing any justification for arriving atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. atthis rate which is totally baseless and unacceptable. 6. The learned CIT(A) has erred in law and on facts

M/S HGP COMMUNITY PVT. LTD SUCESSOR TO ALPHA ASSOCIATES,MUMBAI vs. DY.CIT CENT. CIR -1(2), MUMBAI

In the result, the ground

Bench: Shri Om Prakash Kant ()And Ms Kavitha Rajagopal () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13

nature of ingenuine purchases. M/s Alpha Associates ITA Nos. 1851 & 1846/M/2021 13. In the light of statements of Sh Deepak Vibhute, which were In the light of statements of Sh Deepak Vibhute, which were In the light of statements of Sh Deepak Vibhute, which were duly affirmed by the Principal Person of the Group duly affirmed by the Principal Person