DCIT - CC 3(1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

DCIT CENTRAL CIRCLE 3 (1), MUMBAI vs. WIND WORLD INDIA LIMITED, MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

WIND WORLD INDIA LTD.,MUMBAI vs. DCIT CENTRAL CIRCLE-3(1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

DCIT CENTRAL CIRCLE-3(1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

WIND WORLD INDIA LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 3 (1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

WIND WORLD INDIA LIMITEAD,MUMBAI vs. DCIT CENTRAL CIRCLE-3(1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

DCIT - CC 3 (1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

WIND WORLD INDIA LTD.,MUMBAI vs. DCIT CENTRAL CIRCLE-3(1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

DCIT CENTRAL CIRCLE-3(1), MUMBAI vs. WIND WORLD INDIA LTD., MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

WIND WORLD INDIA LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 3 (1), MUMBAI

In the result, appeal filed by the assessee in ITA number

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

Section 144 despite the fact that all relevant details were filed by the appellant during the course of assessment proceedings 2. on the facts and circumstances of the appellant’s case and in law the learned and CIT (A) erred in confirming the AO’s action of making the estimated addition of ₹ 506,455,949/– on account of alleged bogus

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

253. The hon. CIT(A) has erred in assuming that the books of accounts have hon. CIT(A) has erred in assuming that the books of accounts have hon. CIT(A) has erred in assuming that the books of accounts have been rejected when they have not been rejected. The assessment been rejected when they have not been rejected

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

253. The hon. CIT(A) has erred in assuming that the books of accounts have hon. CIT(A) has erred in assuming that the books of accounts have hon. CIT(A) has erred in assuming that the books of accounts have been rejected when they have not been rejected. The assessment been rejected when they have not been rejected

INCOME TAX OFFICER-13(3)(3), MUMBAI vs. VIJAY VISION PRIVATE LIMITED, MUMBAI

In the result, appeal of the revenue is dismissed in the manner stated above

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4813/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Ito -13(3)(3) M/S. Vijay Vision Room No. 227 Private Ltd, 2Nd Floor Spec House, V. Aayakar Bhawan Ramchandra Lane M K Road Extension, Kachpada, Mumbai-400020 Malad (W), Mumbai- 400064 स्थायी ऱेखा सं./ Pan: Aaacv2144B (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Miss. Deepika Arora (Dr) Assessee By: Shri. Bharat K Patel सुनवाई की तारीख /Date Of Hearing : 08.01.2019 घोषणा की तारीख /Date Of Pronouncement : 22.03.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 4813/Mum/2017, Is Directed Against Appellate Order Dated 24.04.2017 In Appeal No. Cit(A)-21/Ito-13(3)(3)/It-107/2016-17, Passed By Learned Commissioner Of Income Tax (Appeals)-21, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 17.03.2016 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.4813/Mum/2017

bogus purchases as income of the assessee over & above what was declared by the assessee in his return of income , is considered to be a reasonable and fair estimate , which we confirm/affirm. In the result , the appeal of the revenue on this ground stood dismissed. The ground no.(iv) filed by revenue in its appeal with tribunal stand dismissed

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(1), MUMBAI vs. M/S SKYWAY INFRA PROJECTS PRIVATE LIMITED, MUMBAI

In the result, cross objections of the assessee are dismissed, cross objections of the assessee are dismissed, cross objections of the assessee are dismissed, whereas appeals of the revenue are par...

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2013-14 & Assessment Year: 2014-15 & Assessment Year: 2015-16 & Assessment Year: 2016-17 & Assessment Year: 2017-18 & Assessment Year: 2018-19 & Assessment Year: 2019-20 & Assessment Year: 2020-21

Section 132 (4), which was inserted by the Direct Tax (4), which was inserted by the Direct Tax Laws (Amendment) Act Laws (Amendment) Act, 1987 w.e.f. 1st April, 1989, furth w.e.f. 1st April, 1989, further clarifies that a person may be examined not only er clarifies that a person may be examined not only in respect of the books

INCOME TAX OFFICER 8(3)(3), MUMBAI vs. M/S.VIBGYOR TEXOTECH PRIVATE LIMITED, MUMBAI

In the result, the appeal of the assessee is partly allowed, whereas appeal of the Revenue is allowed

Bench: Shri Amarjit Singh () & Shri Om Prakash Kant () Assessment Year: 2009-10 Income Tax Officer-8(3)(3), M/S Vibgyor Texotech Pvt. Ltd., Room No. 616, 6Th Floor, Aayakar 309, Navyug, T.J. Road, Sewree, Bhavan, M.K. Road, Vs. Mumbai-400015. Mumbai-400020. Pan No. Aaccv 0752 D Appellant Respondent Assessment Year: 2009-10 M/S Vibgyor Texotech Pvt. Ltd., The Asst. Commissioner Of 309, Navyug, T.J. Road, Sewree, Income Tax-8(3)(2), Mumbai-400015. Vs. Mumbai. Pan No. Aaccv 0752 D Appellant Respondent

purchase’ in the books of accounts of the assessee. ITA No. 1484/M/2018 & ITA No. 487/M/2019 17 M/s Vibgyor Texotech Pvt. Ltd. As per the provisions of the Act, the Assessing Officer can make inquiries from the assessee invoking section 133(6) of the Act or section 131 of the Act, but during the relevant time, the law did not authorize

M/S.VIBGYOR TEXOTECH PRIVATE LIMITED,MUMBAI vs. ACIT-8(3)(2), MUMBAI

In the result, the appeal of the assessee is partly allowed, whereas appeal of the Revenue is allowed

Bench: Shri Amarjit Singh () & Shri Om Prakash Kant () Assessment Year: 2009-10 Income Tax Officer-8(3)(3), M/S Vibgyor Texotech Pvt. Ltd., Room No. 616, 6Th Floor, Aayakar 309, Navyug, T.J. Road, Sewree, Bhavan, M.K. Road, Vs. Mumbai-400015. Mumbai-400020. Pan No. Aaccv 0752 D Appellant Respondent Assessment Year: 2009-10 M/S Vibgyor Texotech Pvt. Ltd., The Asst. Commissioner Of 309, Navyug, T.J. Road, Sewree, Income Tax-8(3)(2), Mumbai-400015. Vs. Mumbai. Pan No. Aaccv 0752 D Appellant Respondent

purchase’ in the books of accounts of the assessee. ITA No. 1484/M/2018 & ITA No. 487/M/2019 17 M/s Vibgyor Texotech Pvt. Ltd. As per the provisions of the Act, the Assessing Officer can make inquiries from the assessee invoking section 133(6) of the Act or section 131 of the Act, but during the relevant time, the law did not authorize

DCIT 3(3)(2), MUMBAI vs. WATERMARK FINANCIAL CONSULTANTS LTD, MUMBAI

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

253(4) of the Act. The Tribunal was, therefore, in error in holding that the finding recorded by the Commissioner A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. (Appeals) remained unchallenged since the assessee had not filed cross objections." 15. The first question is, therefore, answered against the Revenue

VIVEK VINOD VAID,MUMBAI vs. ITO 17(3)(5), MUMBAI

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

253(4) of the Act. The Tribunal was, therefore, in error in holding that the finding recorded by the Commissioner A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. (Appeals) remained unchallenged since the assessee had not filed cross objections." 15. The first question is, therefore, answered against the Revenue

DCIT 3(3)(2), MUMBAI vs. WATERMARK FINANCIAL CONSULTANTS LTD, MUMBAI

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

253(4) of the Act. The Tribunal was, therefore, in error in holding that the finding recorded by the Commissioner A.Y. 2006-07 to 2010-11 M/s Watermark F. Consultants Ltd. M/s. Watermark System India P. Ltd. (Appeals) remained unchallenged since the assessee had not filed cross objections." 15. The first question is, therefore, answered against the Revenue