H.K. ENTERPRISES,MUMBAI vs. DY CIT-CC-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

245C requires some pendency of proceedings. The Central Excise application is allowed or rejected vide order under section 32F(1). This section is parallel to section 245D(1). Section 32L gives the powers and procedure of Central Excise Settlement Commission. This section is similar to section 245F of the Income Tax Act. Section 32L gives the powers of the Settlement

H.K. ENTERPRISES,MUMBAI vs. DY CIT -CC-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

245C requires some pendency of proceedings. The Central Excise application is allowed or rejected vide order under section 32F(1). This section is parallel to section 245D(1). Section 32L gives the powers and procedure of Central Excise Settlement Commission. This section is similar to section 245F of the Income Tax Act. Section 32L gives the powers of the Settlement

H.K. ENTERPRISES,MUMBAI vs. DY CIT CC - 2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

245C requires some pendency of proceedings. The Central Excise application is allowed or rejected vide order under section 32F(1). This section is parallel to section 245D(1). Section 32L gives the powers and procedure of Central Excise Settlement Commission. This section is similar to section 245F of the Income Tax Act. Section 32L gives the powers of the Settlement

H.K.ENTERPRISES,MUMBAI vs. DCIT, CENTRAL CIRCLE-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

245C requires some pendency of proceedings. The Central Excise application is allowed or rejected vide order under section 32F(1). This section is parallel to section 245D(1). Section 32L gives the powers and procedure of Central Excise Settlement Commission. This section is similar to section 245F of the Income Tax Act. Section 32L gives the powers of the Settlement

H.K. ENTERPRISES,MUMBAI vs. DY CIT - CC-2(4), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

245C requires some pendency of proceedings. The Central Excise application is allowed or rejected vide order under section 32F(1). This section is parallel to section 245D(1). Section 32L gives the powers and procedure of Central Excise Settlement Commission. This section is similar to section 245F of the Income Tax Act. Section 32L gives the powers of the Settlement

LATE SHRI SAWARMAL HISARIA (THROUGH L/H. SHRI SANDEEP HISARIA),MUMBAI vs. DY CIT, CIRCLE-2(4), MUMBAI

Bench: Shri Kuldip Singh & Shri Prashant Maharishiassessment Year: 2013-14

disallowance Additional of Business of expenses Income expenses 2012-13 25,00,000 50,000 25,50,000 2013-14 25,00,000 50,000 25,50,000 3 Late Shri Sawarmal Hisaria 2014-15 25,00,000 1

LODHA BUILDING AND CONSTRUCTION P.LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: Shri D.T. Garasia & Shri N.K. Pradhanassessment Year: 2009-10

disallowance under section 35D on the ground that a search in the case of Lodha Group was conducted by investigation wing of department on 10.01.2011 and during the search proceedings Shri Abhinandan Lodha, the key person of Lodha made a declaration of additional income on 12.10.11 in the hands of various entities of the group amounting to Rs.199.80 crores. Assessee

ANANTNATH CONSTRUCTOINS AND FARMS P.LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: Shri D.T. Garasia & Shri N.K. Pradhanassessment Year: 2009-10

disallowance under section 35D on the ground that a search in the case of Lodha Group was conducted by investigation wing of department on 10.01.2011 and during the search proceedings Shri Abhinandan Lodha, the key person of Lodha made a declaration of additional income on 12.10.11 in the hands of various entities of the group amounting to Rs.199.80 crores. Assessee

LODHA LAND DEVELOPERS P. LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: Shri D.T. Garasia & Shri N.K. Pradhanassessment Year: 2009-10

disallowance under section 35D on the ground that a search in the case of Lodha Group was conducted by investigation wing of department on 10.01.2011 and during the search proceedings Shri Abhinandan Lodha, the key person of Lodha made a declaration of additional income on 12.10.11 in the hands of various entities of the group amounting to Rs.199.80 crores. Assessee

LODHA DESIGNED CONSTRUCTION P. LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: Shri D.T. Garasia & Shri N.K. Pradhanassessment Year: 2009-10

disallowance under section 35D on the ground that a search in the case of Lodha Group was conducted by investigation wing of department on 10.01.2011 and during the search proceedings Shri Abhinandan Lodha, the key person of Lodha made a declaration of additional income on 12.10.11 in the hands of various entities of the group amounting to Rs.199.80 crores. Assessee

LODHA DESIGNED CONSTRUCTION P. LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: Shri D.T. Garasia & Shri N.K. Pradhanassessment Year: 2009-10

disallowance under section 35D on the ground that a search in the case of Lodha Group was conducted by investigation wing of department on 10.01.2011 and during the search proceedings Shri Abhinandan Lodha, the key person of Lodha made a declaration of additional income on 12.10.11 in the hands of various entities of the group amounting to Rs.199.80 crores. Assessee

ASHTAVINAYAK ESTATE COMPANY P. LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: Shri D.T. Garasia & Shri N.K. Pradhanassessment Year: 2009-10

disallowance under section 35D on the ground that a search in the case of Lodha Group was conducted by investigation wing of department on 10.01.2011 and during the search proceedings Shri Abhinandan Lodha, the key person of Lodha made a declaration of additional income on 12.10.11 in the hands of various entities of the group amounting to Rs.199.80 crores. Assessee

ITO-28(3)(1), MUMBAI, MUMBAI vs. SATYA PRAKASH SINGH, MUMBAI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

disallowance to a certain percentage of the total bogus purchase amount and in not upholding the addition of 100% of bogus purchase amount? viii) Whether in the light of the facts of the case, the Ld. CIT (A) has erred in not appreciating the fact that the Hon'ble Delhi High Court in the case of La Medica

MR. SATYA PRAKASH SINGH,MUMBAI vs. ITO, WARD-28(3)(1), VASHI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

disallowance to a certain percentage of the total bogus purchase amount and in not upholding the addition of 100% of bogus purchase amount? viii) Whether in the light of the facts of the case, the Ld. CIT (A) has erred in not appreciating the fact that the Hon'ble Delhi High Court in the case of La Medica

DY CIT-CC-2(4), MUMBAI vs. LATE SHRI SAWARMAL HISARIA THROUGH L/H SANDEEP HISARIA, MUMBAI

disallowance relating to business expenses to the extent of ₹.50 Lakhs. We observed that assessee has agreed for adhoc addition in order to buy peace and to cover if there is any possible deficiency in any of the evidences with respect to the business expenditure incurred by the assessee. Further, assessee agreed for additional expenses of ₹.1.5 Lakhs over

ASSISTANT COMMISSIONER OF INCOME TAX, THANE WEST vs. KONARK INFRASTRUCTURE (WATER SUPPLY-UMC)(JV), ULHASNAGAR

In the result, all the appeals of the Revenue are dismissed and

245C of the Act requires the assessee to make a full and true disclosure of his income for the period in respect of which he has made such application, the order under section 245D(4) of the Act would relate to the determination of the total income of the assessee for that assessment year and such order is conclusive

KONARK INFRASTRUCTURE (WATER SUPPLY - UMC) (J/V),ULHASNAGAR vs. DCIT CENTRAL CIRCLE -4, THANE

In the result, all the appeals of the Revenue are dismissed and the appeals of the assessee for AY 2013-14 is allowed, for AYs

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. Nos. 3021, 3022, 3023 & 3024/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Konark Infrastructure बिधम/ Dcit, Central Circle – 4 (Water Supply-Umc) (J/V) 6Th Floor, Ashar It Park, Vs. 1St Floor, Sapna Talkies, 16Z, Waghle Estate, Konark Plaza, Near Sapna Thane (W) Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) आयकर अपील सं/ I.T.A. Nos. 3058, 3061, 3060 & 3059/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Dcit, Central Circle – 4 बिधम/ Konark Infrastructure 6Th Floor, Ashar It Park, (Water Supply-Umc) Vs. 16Z, Waghle Estate, Thane (J/V) (W) 1St Floor, Sapna Talkies, Konark Plaza, Near Sapna Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Shri Biswanant Das, Cit Dr सुनवाई की तारीख / Date Of Hearing: 06 & 14/02/2024 घोषणा की तारीख /Date Of Pronouncement: 27/02/2024 आदेश / O R D E R Per Bench All These Appeals Preferred By The Revenue & The Assessee Are Against The Orders Of The Ld. Cit(A)-11, Pune, All Dated 30-06- 2023 For Ays 2013-14, 2014-15, 2015-16 & Ay 2017-18. Since The Issues Involved Are Common, All The Appeals Have Been Heard Together. Both The Parties Also Raised Similar Arguments On These A.Ys. 2013-14 To 2015-16 Konark Infrastructure., Issues. Accordingly, We Dispose Off All These Appeals By This Consolidated Order For The Sake Of Convenience.

245C of the Act requires the assessee to make a full and true disclosure of his income for the period in respect of which he has made such application, the order under section 245D(4) of the Act would relate to the determination of the total income of the assessee for that assessment year and such order is conclusive

KONARK INFRASTRUCTURE (WATER SUPPLY - UMC) (J/V),ULHASNAGAR vs. DCIT CENTRAL CIRCLE - 4, THANE

In the result, all the appeals of the Revenue are dismissed and the appeals of the assessee for AY 2013-14 is allowed, for AYs

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. Nos. 3021, 3022, 3023 & 3024/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Konark Infrastructure बिधम/ Dcit, Central Circle – 4 (Water Supply-Umc) (J/V) 6Th Floor, Ashar It Park, Vs. 1St Floor, Sapna Talkies, 16Z, Waghle Estate, Konark Plaza, Near Sapna Thane (W) Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) आयकर अपील सं/ I.T.A. Nos. 3058, 3061, 3060 & 3059/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2013-14, 2014-15, 2015-16 & 2017-18) Dcit, Central Circle – 4 बिधम/ Konark Infrastructure 6Th Floor, Ashar It Park, (Water Supply-Umc) Vs. 16Z, Waghle Estate, Thane (J/V) (W) 1St Floor, Sapna Talkies, Konark Plaza, Near Sapna Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaak9702G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Shri Biswanant Das, Cit Dr सुनवाई की तारीख / Date Of Hearing: 06 & 14/02/2024 घोषणा की तारीख /Date Of Pronouncement: 27/02/2024 आदेश / O R D E R Per Bench All These Appeals Preferred By The Revenue & The Assessee Are Against The Orders Of The Ld. Cit(A)-11, Pune, All Dated 30-06- 2023 For Ays 2013-14, 2014-15, 2015-16 & Ay 2017-18. Since The Issues Involved Are Common, All The Appeals Have Been Heard Together. Both The Parties Also Raised Similar Arguments On These A.Ys. 2013-14 To 2015-16 Konark Infrastructure., Issues. Accordingly, We Dispose Off All These Appeals By This Consolidated Order For The Sake Of Convenience.

245C of the Act requires the assessee to make a full and true disclosure of his income for the period in respect of which he has made such application, the order under section 245D(4) of the Act would relate to the determination of the total income of the assessee for that assessment year and such order is conclusive