M/S. VIRAJ PROFILES LTD,MUMBAI vs. DCIT CENT . CIR 3(2), MUMBAI

In the result, both the appeals of the assessee are partly allowed and the appeal of the revenue is dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

method. It is stated that the Transfer pricing officer has accepted the T.P study, meaning thereby, the TPO has accepted the gross profit margin of the assessee to be at par or more than the industry average. Under these set of facts, we are of the view that the Ld CIT(A) was justified in holding that the assessee

DCIT C.C. 3(2) , MUMBAI vs. M/S. VIRAJ PROFILES LTD, MUMBAI

In the result, both the appeals of the assessee are partly allowed and the appeal of the revenue is dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

method. It is stated that the Transfer pricing officer has accepted the T.P study, meaning thereby, the TPO has accepted the gross profit margin of the assessee to be at par or more than the industry average. Under these set of facts, we are of the view that the Ld CIT(A) was justified in holding that the assessee

DCIT-14(1)(2), MUMBAI vs. M/S. EKTA EVERGLADE HOMES PVT LTD.,, MUMBAI

In the result, the ground raised by the revenue is allowed

bogus purchases and has never retracted such admission before any of the authorities below. Moreover, during the assessment proceedings, the assessee failed to furnish any documentary evidence to substantiate the genuineness of the impugned purchases. Thus, the primary onus to establish the genuineness of the purchases has not been discharged. Consequently, the reliance placed on the orders

DCIT, CIR-14(1)(2), MUMBAI vs. M/S. EKTA EVEGLADE HOMES PVT LTD.,, MUMBAI

In the result, the ground raised by the revenue is allowed

Bench: SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

bogus purchases and has never retracted such admission before any of the authorities below. Moreover, during the assessment proceedings, the assessee failed to furnish any documentary evidence to substantiate the genuineness of the impugned purchases. Thus, the primary onus to establish the genuineness of the purchases has not been discharged. Consequently, the reliance placed on the orders

DCIT-14(1)(2), MUMBAI vs. M/S. EKTA EVERGLADE HOMES PVT LTD.,, MUMBAI

In the result, the ground raised by the revenue is allowed

bogus purchases and has never retracted such\nadmission before any of the authorities below. Moreover, during the assessment proceedings,\nthe assessee failed to furnish any documentary evidence to substantiate the genuineness of the\nimpugned purchases. Thus, the primary onus to establish the genuineness of the purchases has\nnot been discharged. Consequently, the reliance placed on the orders

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

bogus purchases were not supported by any documentary evidences and therefore they were Page No. 3 ITA NO. 2485 & 2486/MUM/2017 C.O. NO. 265 & 355/MUM/2018 M/s. Patel Engineering Ltd. mere book entries against which deduction u/s 80IA(4) cannot be allowed, as the purchases itself were not genuine and hence deduction u/s 80IA(4) cannot be allowed on the same

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

bogus purchases were not supported by any documentary evidences and therefore they were Page No. 3 ITA NO. 2485 & 2486/MUM/2017 C.O. NO. 265 & 355/MUM/2018 M/s. Patel Engineering Ltd. mere book entries against which deduction u/s 80IA(4) cannot be allowed, as the purchases itself were not genuine and hence deduction u/s 80IA(4) cannot be allowed on the same

DCIT C.C. 3(2) , MUMBAI vs. M/S. VIRAJ PROFILES LTD, MUMBAI

In the result, both the appeals of the assessee are partly allowed and both the appeals of the revenue are dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

method. It is stated that the Transfer pricing officer has accepted the T.P study, meaning thereby, the TPO has accepted the gross profit margin of the assessee to be at par or more than the industry average. Under these set of facts, we are of the view that the Ld CIT(A) was justified in holding that the assessee

M/S. VIRAJ PROFILES PVT. LTD (FORMERLY KNOWN AS VIRAJ PROFILES LTD,MUMBAI vs. DCIT CENTRAL CIR 3(2) , MUMBAI

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

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

method. It is stated that the Transfer pricing officer has accepted the T.P study, meaning thereby, the TPO has accepted the gross profit margin of the assessee to be at par or more than the industry average. Under these set of facts, we are of the view that the Ld CIT(A) was justified in holding that the assessee

DCIT CC 8(3)(ERSTWHILE DCIT,CC-46, MUMBAI vs. JSW STEELS LTD, MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

JSW STEEL LIMITED,MUMBAI vs. ACIT,CC-46, MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

DCIT CC 8(3), MUMBAI vs. JSW STEELS LTD, MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

DCIT CC 8(3)(ERSTWHILE DCIT,CC-46, MUMBAI vs. JSW STEELS LTD, MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

DCIT CC 8(3), MUMBAI vs. JSW STEELS LTD, MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

Appeal of the revenue is partly allowed and appeal of the assessee is dismissed

bogus purchases.” 14. “On the facts and the circumstances of the case and in law, the Ld. CIT(A) erred in directing the Assessing Officer to consider the refund of Sales Tax of Rs. 89,40,89,905/- as Capital Receipt, directing the deletion of disallowance u/s 14A and to consider the income on sale of Certified Emission Reductions

LUPIN LTD.,MUMBAI vs. THE DY CIT, CIRCLE-3(4), MUMBAI

In the result, the appeal of the assessee in I

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

bogus purchases was made on the technical reason that the said suppliers have not paid VAT amount, which would disentitle the assessee to claim VAT credit and hence the assessee cannot effectively prove the genuineness of purchases. If the re-revised VAT returns have been accepted by the VAT authorities and the assessee got the credit of VAT amount