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

12A of the Act by DIT\n(Exemptions), Mumbai, vide Registration No.40651 dated 21.03.2007 w.e.f\n01-04-2006. It is also approved u/s 80G of the Act. The assessee, inter alia,\nruns a Medical college, Dental college, physiotherapy, Biotechnology and\nNursing colleges at Nerul, Navi Mumbai. Shri Vijay D Patil and Smt. Shivani\nPatil are the main trustees. Shri Vijay

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

12A of the Act by DIT\n(Exemptions), Mumbai, vide Registration No.40651 dated 21.03.2007 w.e.f\n01-04-2006. It is also approved u/s 80G of the Act. The assessee, inter alia,\nruns a Medical college, Dental college, physiotherapy, Biotechnology and\nNursing colleges at Nerul, Navi Mumbai. Shri Vijay D Patil and Smt. Shivani\nPatil are the main trustees. Shri Vijay

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

12A of the Act by DIT\n(Exemptions), Mumbai, vide Registration No.40651 dated 21.03.2007 w.e.f\n01-04-2006. It is also approved u/s 80G of the Act. The assessee, inter alia,\nruns a Medical college, Dental college, physiotherapy, Biotechnology and\nNursing colleges at Nerul, Navi Mumbai. Shri Vijay D Patil and Smt. Shivani\nPatil are the main trustees. Shri Vijay

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

12A of the Act by DIT\n(Exemptions), Mumbai, vide Registration No.40651 dated 21.03.2007 w.e.f\n01-04-2006. It is also approved u/s 80G of the Act. The assessee, inter alia,\nruns a Medical college, Dental college, Physiotherapy, Biotechnology and\nNursing colleges at Nerul, Navi Mumbai. Shri Vijay D Patil and Smt. Shivani\nPatil are the main trustees. Shri Vijay

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

12A of the Act by DIT\n(Exemptions), Mumbai, vide Registration No.40651 dated 21.03.2007 w.e.f\n01-04-2006. It is also approved u/s 80G of the Act. The assessee, inter alia,\nruns a Medical college, Dental college, physiotherapy, Biotechnology and\nNursing colleges at Nerul, Navi Mumbai. Shri Vijay D Patil and Smt. Shivani\nPatil are the main trustees. Shri Vijay

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

12A and notification under section 35AC, the fact of payment through banking channels and certain tribunal orders favourable to other donors is not sufficient to discharge that onus once the Department has produced credible, fresh and corroborative material arising out of a lawful search and survey. The Investigation Wing's findings demonstrate an organised modus operandi: cheques/RTGS receipts into

DCIT CENTRAL CIRCLE 7 (1) , MUMBAI vs. RAMRAO ADIK EDUC SOCIETY, MUMBAI

Accordingly. The ground raised by the revenue is partly allowed for\nstatistical purposes

12A of the Act and\nincorporated with the main object of promoting education. The assessee is part of\nD Y Patil group of charitable institutions. The assessee is running Engineering,\nArchitecture and other courses at Navi Mumbai. There was a search operation\nunder Section 132 on the group entities i.e. D Y Patil University (Navi Mumbai),\nits trustees, certain employees

H.B. GUM INDUSTRIES PVT LTD,MUMBAI vs. DY COMMISSIONER OF INCOME TAX 7(1)(2), MUMBAI

In the result, the appeal is accordingly allowed in above terms

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER\nAND\nSHRI RAJ KUMAR CHAUHAN (Judicial Member)

bogus purchases\nin consequence of which cash was received back from various parties/brokers.\nWhat happened to the cash so received?\nAns. Sir, we return all the cash to the donors from time to time as and whion the\ndonations were received. A commission amount of 3% was deducted before\nreturning back the cash. Out of the 3% commission which

BHANDARI GOLD AND JEWELLERS PRIVATE LIMITED,MUMBAI vs. CIT (APPEAL), NFAC - DELHI

In the result, appeal filed by the assessee is allowed for statistical purpose

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bledcit – 6(1)(2) V. M/S. Bandari Gold & Jewellers Pvt. Ltd., 407, Bussaudyog Bhavan Room No. 538B, 5Th Floor Tokersi, Jivraj Road, Sewree Aayakar Bhavan, M.K. Road Mumbai - 400015 Mumbai - 400020 Pan: Aadcb1291J (Appellant) (Respondent)

purchases recorded during this period and submitted before Assessing Officer for subsequent three assessment years. These cash collection and bank deposits were also reconciled and submitted before Assessing Officer for the periods AY 2016-17 to 2018-19. The Assessing Officer has not found any discrepancies in the above statement and the stocks are matching with the audited financial statement

CY. CIT 6(1) (2) , MUMBAI vs. M/S. BHANDARI GOLD & JEWELLERS PVT. LTD, MUMBAI

In the result, appeal filed by the assessee is allowed for statistical purpose

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bledcit – 6(1)(2) V. M/S. Bandari Gold & Jewellers Pvt. Ltd., 407, Bussaudyog Bhavan Room No. 538B, 5Th Floor Tokersi, Jivraj Road, Sewree Aayakar Bhavan, M.K. Road Mumbai - 400015 Mumbai - 400020 Pan: Aadcb1291J (Appellant) (Respondent)

purchases recorded during this period and submitted before Assessing Officer for subsequent three assessment years. These cash collection and bank deposits were also reconciled and submitted before Assessing Officer for the periods AY 2016-17 to 2018-19. The Assessing Officer has not found any discrepancies in the above statement and the stocks are matching with the audited financial statement

M/S HINGALJ METALS & ALLOYS PVT LTD,MUMBAI vs. CIT(A), NFAC,DELHI, MUMBAI

In the result, penalty for both the years are deleted on this technical ground before going into the merits of the cases

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe periods of limitation for instituting proceedings, outer limits (within which the court or Tribunal could condone delay) and termination of proceedings. Referred Cognizance For Extension of Limitation

M/S HINGLAJ METALS & ALLOYS PVT LTD,MUMBAI vs. CIT(A)-NFAC DELHI, DELHI

In the result, penalty for both the years are deleted on this technical ground before going into the merits of the cases

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe periods of limitation for instituting proceedings, outer limits (within which the court or Tribunal could condone delay) and termination of proceedings. Referred Cognizance For Extension of Limitation

M/S TYSON MARKETING P. LTD.,MUMBAI vs. ITO WARD-8(3)(1), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant ()

bogus loan of Rs. 85,00,000- as unexplained 2 M/s Tyson Marketing Pvt Ltd cash credits u/s 68 of the IT Act. The appellant prays that the additions^ of Rs. 85,00,000/- may please be deleted'. 2. On the facts and circumstances of the case, and in law, CIT(A) erred in considering the Declared and Credited

DCIT CENTRAL CIRCLE 7 (1) , MUMBAI vs. RAMRAO ADIK EDUC SOCIETY, MUMBAI

Accordingly. The ground raised by the revenue is partly allowed for\nstatistical purposes

section 34 cannot at all be pressed into service against him.”\n14.8 The Apex Court in the aforesaid case in para 44 held that “even correct\nand authentic entries in books of account cannot without independent evidence\nof their trustworthiness, fix a liability upon a person” (emphasis ours).\n14.9 Thus, it is submitted that only evidence in the form

RAMRAO ADIK EDUCATION SOCIETY ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 7(1), MUMBAI

Accordingly. The ground raised by the revenue is partly allowed for\nstatistical purposes

12A of the Act and\nincorporated with the main object of promoting education. The assessee is part of\nD Y Patil group of charitable institutions. The assessee is running Engineering,\nArchitecture and other courses at Navi Mumbai. There was a search operation\nunder section 132 on the group entities i.e. D Y Patil University (Navi Mumbai),\nits trustees, certain employees

RAMRAO ADIK EDUCATION SOCIETY ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOMETAX CENTRAL CIRCLE 7(1), MUMBAI

Accordingly. The ground raised by the revenue is partly allowed for\nstatistical purposes

section 34 cannot at all be pressed into service against him.”\n14.8 The Apex Court in the aforesaid case in para 44 held that “even correct\nand authentic entries in books of account cannot without independent evidence\nof their trustworthiness, fix a liability upon a person” (emphasis ours).\n14.9 Thus, it is submitted that only evidence in the form

DCIT CENTRAL CIRCLE 7 (1) , MUMBAI vs. RAMRAO ADIK EDUC SOCIETY, MUMBAI

Accordingly. The ground raised by the revenue is partly allowed for\nstatistical purposes

12A of the Act and\nincorporated with the main object of promoting education. The assessee is part of\nD Y Patil group of charitable institutions. The assessee is running Engineering,\nArchitecture and other courses at Navi Mumbai. There was a search operation\nunder section 132 on the group entities i.e. D Y Patil University (Navi Mumbai),\nits trustees, certain employees

DCIT CENTRAL CIRCLE 7 (1) , MUMBAI vs. RAMRAO ADIK EDUC SOCIETY, MUMBAI

Accordingly. The ground raised by the revenue is partly allowed for\nstatistical purposes

section 34 cannot at all be pressed into service against him.”\n14.8 The Apex Court in the aforesaid case in para 44 held that “even correct\nand authentic entries in books of account cannot without independent evidence\nof their trustworthiness, fix a liability upon a person” (emphasis ours).\n14.9 Thus, it is submitted that only evidence in the form