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

bogus long term additions made on account of bogus long term additions made on account of bogus long term capital gain on the ground that the evidences capital gain on the ground that the evidences capital gain on the ground that the evidences found during search at the premises of entry found during search at the premises of entry found

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

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 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

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 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

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 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. GURJAR GEMS PVT. LTD.,MUMBAI vs. ACIT, CIRCLE 9(3)(2), MUMBAI

In the result, the appeal of assessee is partly allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 M/S Gurjar Gems Pvt. Ltd., Acit, Circle 9(3)(2), Plot No. F-17 Midc, Marol Aayakar Bhavan, Industrial Area, Opp. Seepz, Vs. Maharshi Karve Road, Andheri (E), Chakala Midc S.O., Mumbai-400020. Mumbai-400093. Pan No. Aaacg 3685 L Appellant Respondent Assessee By : Mr. Ravikant Pathak, Ar Revenue By : Mr. Milind S. Chavan, Dr : Date Of Hearing 24/03/2023 : Date Of Pronouncement 31/03/2023 Order

loss account furnished by the Appellant was accepted by t furnished by the Appellant was accepted by the AO, the furnished by the Appellant was accepted by the AO, the books of account was audited U/s44AB being private limited books of account was audited U/s44AB being private limited books of account was audited U/s44AB being private limited company. That

DANCO ENTERPRISES INDIA PRIVATE LIMITED ,MUMBAI vs. ITO, WARD 9(3)(1), MUMBAI

In the result, both the appeals of the assessee are allowed for In the result, both the appeals of the assessee are allowed for In the result, both the appeals of the assessee are allowed for stati...

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

set up deals and contact the supplier and in return to used gets commission either from the supplier and in return to used gets commission supplier and in return to used gets commission purchaser or the seller or the both. The or the seller or the both. The assessee submitted that assessee had purchased assessee had purchased the goods through

SUMAN GUPTA,MUMBAI vs. DCIT - CC- 4(2), MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Loss A/c is Rs. 1,49,631/- out of which Rs 46,426/- has already been disallowed us 14A of the IT Act as mentioned at para 22 (supra) Balance interest is of Rs. 1,03,205/- (₹.1,49,631/- - ₹. 46,426/-) which is less than 10% of loan advanced amounting to Rs. 3,51,89,860/-. Thus disallowance

SUMAN GUPTA,MUMBAI vs. DCIT -CC- 4(2), MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Loss A/c is Rs. 1,49,631/- out of which Rs 46,426/- has already been disallowed us 14A of the IT Act as mentioned at para 22 (supra) Balance interest is of Rs. 1,03,205/- (₹.1,49,631/- - ₹. 46,426/-) which is less than 10% of loan advanced amounting to Rs. 3,51,89,860/-. Thus disallowance

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

loss account, sales is higher than the purchases in rupees terms, therefore, the addition would be only required to be made to the extent of lower gross profit on alleged bogus purchases then the regular gross profit. This also takes the care of the argument that no proof of delivery of goods purchased are shown by the assessee, similarly

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

set-aside the order of the Ld. CIT(A). Ld. DR filed its written submissions vide letter dated 10.10.2023, for the sake of clarity it is reproduced below: - “1. Bogus purchases- i) Evidences were brought on record by AO and confirmed by the CIT(A) that assessee did not purchase from the three parties mentioned in the trading account

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

set-aside the order of the Ld. CIT(A). Ld. DR filed its written submissions vide letter dated 10.10.2023, for the sake of clarity it is reproduced below: - “1. Bogus purchases- i) Evidences were brought on record by AO and confirmed by the CIT(A) that assessee did not purchase from the three parties mentioned in the trading account

BALAJI BULLIONS AND COMMODITIES INDIA PRIVATE LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 7(1), MUMBAI

The appeal of the Revenue is allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2017-18

set of events and their corresponding findings reveal the bogus nature of the assessee, and further it rev assessee, and further it reveals that the assessee is involved in proving accommodation eals that the assessee is involved in proving accommodation entries in the nature of bogus transactions among themselves and with the related parties entries in the nature of bogus

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 long-term capital gains and share capital etc. According to the Revenue, ACIAL was being managed and controlled by Shri Shah and thus in light of his statement given in the course of his search, the & Others (Assessee & Revenue) A.Y Nos. 2009-10 to AY. 14-15 IPCA Laboratories Ltd professional fees paid to ACIAL was treated