M/S GOVINDRAM & CO.,MUMBAI vs. ASST. CIT 17(1), MUMBAI

In the result, the appeal for Assessment Year 2010-11 is also dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

bogus trust indulged in providing accommodation entry camouflaging charitable activity in order to claim the non-genuine deduction u/s.35AC of the Act. The Hon'ble Supreme Court's observation, in the case of CIT v. Durga Prasad More [1971] 82 ITR 540, to the effect that "Science has not yet invented any instrument to test the reliability of the evidence

M/S GOVINDRAM & CO.,MUMBAI vs. ASST. CIT 17(1), MUMBAI

In the result, the appeal for Assessment Year 2010-11 is also dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

bogus trust indulged in providing accommodation entry camouflaging charitable activity in order to claim the non-genuine deduction u/s.35AC of the Act. The Hon'ble Supreme Court's observation, in the case of CIT v. Durga Prasad More [1971] 82 ITR 540, to the effect that "Science has not yet invented any instrument to test the reliability of the evidence

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

Charitable Trust wherein it was the premise of M/s Navjeevan Charitable Trust wherein it was the premise of M/s Navjeevan Charitable Trust wherein it was seen that Shri Vandravan P Shah has given donation u/s 35AC that Shri Vandravan P Shah has given donation u/s 35AC that Shri Vandravan P Shah has given donation u/s 35AC an amounting

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

Charitable Trust is reproduced as follows: – 8 “Q.8 In the above questions you have stated that you never purchased goods for any amount and accommodation entries were obtained to book bogus

PEGASUS PROPERTIES P. LTD.,PUNE vs. DY CIT, CC-2(3), MUMBAI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

purchase the property. 8 ITA.NO. 943/MUM/2021 (A.Y: 2015-16) Pegasus Properties Pvt. Ltd., 14. The unsold flats cannot be let out for the very reason being it forms part of business stock in trade and such stock is required to be in possession of the Appellant so that the property can be sold to the desired customers at any point

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

bogus, baseless, vexatious and false case in the year 2012 against the said trust and other trustees of the said trust before the Hon'ble Charity Commissioner, Maharashtra State at Mumbai, thereby alleging misuse of trust property premises situate at 8th floor of said trust building by the trustees for the purpose and for the benefit of M/s Ideen Furniture

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

bogus, baseless, vexatious and false case in the year 2012 against the said trust and other trustees of the said trust before the Hon'ble Charity Commissioner, Maharashtra State at Mumbai, thereby alleging misuse of trust property premises situate at 8th floor of said trust building by the trustees for the purpose and for the benefit of M/s Ideen Furniture

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

bogus, baseless, vexatious and false case in the year 2012 against the said trust and other trustees of the said trust before the Hon'ble Charity Commissioner, Maharashtra State at Mumbai, thereby alleging misuse of trust property premises situate at 8th floor of said trust building by the trustees for the purpose and for the benefit of M/s Ideen Furniture

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

bogus, baseless, vexatious and false case in the year 2012 against the said trust and other trustees of the said trust before the Hon'ble Charity Commissioner, Maharashtra State at Mumbai, thereby alleging misuse of trust property premises situate at 8th floor of said trust building by the trustees for the purpose and for the benefit of M/s Ideen Furniture

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

bogus purchases through\naccommodation entry providers. The entry providers after receipt of\ncheque payment from trust, encashes the cheque and returns back\ncash to the trust/trustee after retaining commission on the\naccommodation entries. Few entry providers who were covered u/s\n133A, have admitted of providing accommodation as donation to M/s\nNavjeevan Charitable

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

bogus purchases through\naccommodation entry providers. The entry providers after receipt of\ncheque payment from trust, encashes the cheque and returns back\ncash to the trust/trustee after retaining commission on the\naccommodation entries. Few entry providers who were covered u/s\n133A, have admitted of providing accommodation as donation to M/s\nNavjeevan Charitable

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

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

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

charitable institutions/trusts of Podar group to other charitable institution/trusts were bogus and the donee trusts had thereafter withdrawn cash from their bank accounts and given it back to Podar Group, which thereafter was ploughed into the companies of the said group through a maze of bogus companies, was an incorrect and a baseless allegation. The assessee further placed

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

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

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

charitable institutions/trusts of Podar group to other charitable institution/trusts were bogus and the donee trusts had thereafter withdrawn cash from their bank accounts and given it back to Podar Group, which thereafter was ploughed into the companies of the said group through a maze of bogus companies, was an incorrect and a baseless allegation. The assessee further placed

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

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

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

charitable institutions/trusts of Podar group to other charitable institution/trusts were bogus and the donee trusts had thereafter withdrawn cash from their bank accounts and given it back to Podar Group, which thereafter was ploughed into the companies of the said group through a maze of bogus companies, was an incorrect and a baseless allegation. The assessee further placed

DCIT, CENTRAL CIRCLE- 4(1), MUMBAI, MUMBAI vs. KANAKIA SPACES REALTY PVT. LTD., MUMBAI

In the result, appeal of the revenue is dismissed and cross-\nobjection filed by the assessee is allowed

bogus parties\na) Copy of bills\nSample bill at 'A'\nb) Proof of transportation\nFree delivery at site\nc) Purchase register\nEnclosed at 'B'\nd) Ledger account of parties\nEnclosed at 'C'\ne) Copy of stock register\nNot maintained\nf) Material receipt register\nSample GRN at 'D'\ng) Description of material purchased\nAggregates\nh) Use of material purchased\nIn construction

RAVINDRA K. RESHAWALA,MUMBAI vs. THE DY. COMM. OF INCOME TAX 17(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleravindra K. Reshamwala V. Dcit- Circle 17(1) 7/A Pil Court, 111 M.K. Road Kautilya Bhavan, Bandra Kurla Complex Bandra (E), Mumbai- 400051 Churchgate, Mumbai- 400020 Pan: Aaafr2227C (Appellant) (Respondent) Assessee Represented By : Shri. Piyush Chhajed & Shri Sumit Mantri Department Represented By : Shri. Saurabh Kumar Rai

bogus and the donations received in cheques were returned in cash to all the donors after deducting nominal commission. Consequently, Survey Action conducted by the Investigation wing on some of the donors have conclusively proved that the Trust indeed returned by donations in cash," 4. During scrutiny proceedings, authorised representative of the assessee submitted a letter dated 01.07.2016 which

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

ACIT 26(3), MUMBAI vs. UMAKANT LAXMIDAS MANANIA , MUMBAI

The appeal stand dismissed

Bench: Hon’Ble Shri Pavan Kumar Gadale, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.1217/Mum/2020 (धििाारण वर्ा / Assessment Year: 2014-15) Acit-26(3) Ms. Vishakha U. Manania R. No. 332, 3Rd Floor, Kautilya Bhavan, (Legal Heir Of Late Shri Umakant बिाम/ Bandra Kurla Complex, Bandra East, Laxmidas Manania) 131/6, 1St Floor, Mani Bhuvan Mumbai-400 051 Vs. Jain Society, Sion(W) Mumbai-400 037 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aacpm-0540-R (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant By : Ms. Usha Gaikwad-Ld. Sr. Dr प्रत्यथीकीओरसे/Respondent By : Shri Suchek Anchaliya -Ld. Ar सुनवाईकीतारीख/ : 08/09/2021 Date Of Hearing घोषणाकीतारीख / : 13/09/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2014-15 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-38, Mumbai [Cit(A)], Dated 27/11/2019 In The Matter Of Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) On 30/12/2016. The Ground Read As Under: -

purchase bills and bogus unsecured loan entries through the business concerns floated by him to the parties as per their requirements and that such companies, M/s. Marine Gems Pvt. Ltd. and M/s. Rajat Diamond Exim Pvt. Ltd. advanced loans amounting to Rs.10,00,000/-and Rs. 35,00,00,000/- respectively to the assessee issued summons