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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

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

purchase of site development right from that company invoking the provisions of Section 40 A (2) (b) and Section 37 (1) of the act. The learned assessing officer further disallowed ₹ 60 crores u/s 37 (1) which the assessee voluntarily disallowed in the proceedings before the settlement commission. The AO further made a disallowance

BHARAT DE vs. HI DAGHA,THANEVS.ITO WARD 3(1), KALYAN

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 & Assessment Year: 2010-11 Bharat Devshi Dagha, Ito, Ward 3(1), 3/13, Geet Govind Chs. Rani Mansion Manpada Road, Vs. Maharashtra-421301. Dombivli East-421 201. Pan No. Aarpd 9399 Q Appellant Respondent

section 145(3) 145(3) of the Act and made addition for the entire bogus purchases of Rs.12,89,039/- in made addition for the entire bogus purchases of Rs.12,89,039/ made addition for the entire bogus purchases of Rs.12,89,039/ assessment year 2009 t year 2009-10 and Rs.9,87,466/- in assessment year in assessment year

BHARAT DE vs. HI DAGHA,THANEVS.ITO WARD 3(1), KALYAN

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

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 & Assessment Year: 2010-11 Bharat Devshi Dagha, Ito, Ward 3(1), 3/13, Geet Govind Chs. Rani Mansion Manpada Road, Vs. Maharashtra-421301. Dombivli East-421 201. Pan No. Aarpd 9399 Q Appellant Respondent

section 145(3) 145(3) of the Act and made addition for the entire bogus purchases of Rs.12,89,039/- in made addition for the entire bogus purchases of Rs.12,89,039/ made addition for the entire bogus purchases of Rs.12,89,039/ assessment year 2009 t year 2009-10 and Rs.9,87,466/- in assessment year in assessment year

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

bogus purchases, vide assessment order dated 31.12.2015 passed by the AO u/s 143(3) read with Section 147 of the 1961 Act. 5. Aggrieved by an assessment framed by the AO u/s 143(3) read with Section 147 of the 1961 Act, the assessee filed first appeal with learned CIT(A). The assessee submitted before learned CIT(A) that

DEPUTY COMMISSIONER OF INCOME TAX -23(1) , MUMBAI vs. KALPSARU DIAMONDS, MUMBAI

In the result, the grounds raised by the assessee as well as In the result, the grounds raised by the assessee as well as Revenue are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Years: 2012-13 Kalpsaru Diamonds, Acit 23(2), Jw 8040/250, Bharat Diamond Piramal Chambers, Vs. Bourse, Bkc, Bandra East, Mumbai-400013. Mumbai-400051. Pan No. Aaafk 6960 H Appellant Respondent Assessment Years: 2012-13 Dy. Cit-23(1), Kalpsaru Diamonds, Room No. 511, Fifth Floor, Jw 8040/250, Bharat Diamond Piramal Chambers, Parel, Vs. Bourse, Bkc, Bandra East, Lalbaugh-400012. Mumbai-400051. Pan No. Aaafk 6960 H Appellant Respondent

section 147 of the Act, but recorded his own satisfaction after applying his mind and analyzi his mind and analyzing the facts came to his knowledge. 7.16 At this juncture, it may not be out of place to highlight the At this juncture, it may not be out of place to highlight the At this juncture

KALPSARU DIAMONDS ,MUMBAI vs. ACIT 23(2), MUMBAI

In the result, the grounds raised by the assessee as well as In the result, the grounds raised by the assessee as well as Revenue are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Years: 2012-13 Kalpsaru Diamonds, Acit 23(2), Jw 8040/250, Bharat Diamond Piramal Chambers, Vs. Bourse, Bkc, Bandra East, Mumbai-400013. Mumbai-400051. Pan No. Aaafk 6960 H Appellant Respondent Assessment Years: 2012-13 Dy. Cit-23(1), Kalpsaru Diamonds, Room No. 511, Fifth Floor, Jw 8040/250, Bharat Diamond Piramal Chambers, Parel, Vs. Bourse, Bkc, Bandra East, Lalbaugh-400012. Mumbai-400051. Pan No. Aaafk 6960 H Appellant Respondent

section 147 of the Act, but recorded his own satisfaction after applying his mind and analyzi his mind and analyzing the facts came to his knowledge. 7.16 At this juncture, it may not be out of place to highlight the At this juncture, it may not be out of place to highlight the At this juncture

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 purchases rather than the whole of such purchases Without appreciating that such allowance of such purchases Without appreciating that such allowance of such purchases Without appreciating that such allowance of 87.5% of expenditure imply allowance of purchases made in 87.5% of expenditure imply allowance of purchases made in penditure imply allowance of purchases made in cash from the 'grey

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 purchases rather than the whole of such purchases Without appreciating that such allowance of such purchases Without appreciating that such allowance of such purchases Without appreciating that such allowance of 87.5% of expenditure imply allowance of purchases made in 87.5% of expenditure imply allowance of purchases made in penditure imply allowance of purchases made in cash from the 'grey

INCOME TAX OFFICER, KALYAN vs. J D ELECTRIC WORKS, KALYAN

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry () Assessment Year: 2009-10

section 143(3) r.w.s. 147 of the ) r.w.s. 147 of the Act. On further appeal On further appeal, the ld CIT(A) deleted the addition. Aggrieved, , the ld CIT(A) deleted the addition. Aggrieved, the Revenue is in appeal raising grounds reproduced above. the Revenue is in appeal raising grounds reproduced above. the Revenue is in appeal raising grounds reproduced

RAJKUMARI SINGH,NAVI MUMBAI vs. DCIT CEN CIR 8, MUMBAI

Bench: Shri Joginder Singh () & Shri G Manjunatha ()

bogus sales to the extent of Rs.862.57 crores, when investigation carried out during the course of remand proceedings did not yield desired results. Further, we are of the considered view that when the assessee is a habitual offender of falsification of its books of account by booking bogus purchases as well as bogus sales, so as to siphon