SHRI RENUKAMATA MULTI-STATE CO-OPERATIVE URBAN SOCIETY LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(4), MUMBAI

40A(3) aggregating Rs 1,39,81,267 being the rent\nexpenses incurred during the year under reference.\n7.2. It is submitted that in the facts and in the circumstances of the case and in\nlaw, the CIT(A) sustained the disallowance of rent expenses under section\n40A(3) without appreciating the facts of the case and hence, pray

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

40A(3) aggregating Rs 1,39,81,267 being the rent\nexpenses incurred during the year under reference.\n\n7.2. It is submitted that in the facts and in the circumstances of the case and in\nlaw, the CIT(A) sustained the disallowance of rent expenses under section\n40A(3) without appreciating the facts of the case and hence

IQBAL AHMED KHALILAMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), NAVI MUMBAI

In the result, the appeal of the assessee for the A

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

68 . But in the instant case before us, the AO after rejecting books of accounts u/s 145(3) has not applied GP Ratio to estimate income rather Section 40A

IQBAL AHMAED KHALIL AHMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), MUMBAI

In the result, the appeal of the assessee for the A

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

68 . But in the instant case before us, the AO after rejecting books of accounts u/s 145(3) has not applied GP Ratio to estimate income rather Section 40A

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

3. Addition under section 68 of the Act for aggregate cash deposits and credit transactions but excluding the remote deposits. 3.1. The CIT(A) erred in sustaining the addition under section 68 of the Act at Rs 4,21.34,504, estimated at the rate of 0.15 per cent of Rs 2,808.96 crores being the aggregate cash deposits

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

3. Addition under section 68 of the Act for aggregate cash deposits and credit transactions but excluding the remote deposits. 3.1. The CIT(A) erred in sustaining the addition under section 68 of the Act at Rs 4,21.34,504, estimated at the rate of 0.15 per cent of Rs 2,808.96 crores being the aggregate cash deposits

PRAMOD RATAN PATIL,THANE vs. ASST CIT CIR 3, KALYAN

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

40A(3) of the Act of ₹9,98,000/- out of purchases. iv. Unproved hiring charges disallowed under Section 37 and under Section 40 (a)(ia) of the Act of ₹63,02,742/-. ITA no. 7329 & 3851/Mum/2016 Pramod Ratan Patil; A.Y. 11–12 v. Addition under Section 68

ASST CIT 3, MUMBAI vs. PRAMOD RATAN PATIL, MUMBAI

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

40A(3) of the Act of ₹9,98,000/- out of purchases. iv. Unproved hiring charges disallowed under Section 37 and under Section 40 (a)(ia) of the Act of ₹63,02,742/-. ITA no. 7329 & 3851/Mum/2016 Pramod Ratan Patil; A.Y. 11–12 v. Addition under Section 68

LATE SUNIL D GULATI,MUMBAI vs. COMMISSIONER OF INCOME TAX -CENTRAL CIRCLE-39 , MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2008-09 & Assessment Year: 2009-10 Late Sunil D Gulati, Cit-Central Circle 39, 603, Elco Residency, Almeda Room No. 1924, 19Th Floor, Vs. Park Behind Elco Market, Air India Building, Nariman Bandra (West), Point, Churchgate, Mumbai-400050. Mumbai-400020. Pan No. Aehpg 8703 R Appellant Respondent

section 40A(3) Further, the AO has also invoked provisions of section 40A(3) Further, the AO has also invoked provisions of section 40A(3) of the I.T.Act and has disallowed an amount of Rs. of the I.T.Act and has disallowed an amount of Rs. of the I.T.Act and has disallowed an amount

LATE SUNIL D GULATI,MUMBAI vs. COMMISSIONER OF INCOME TAX -CENTRAL CIRCLE-39, MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2008-09 & Assessment Year: 2009-10 Late Sunil D Gulati, Cit-Central Circle 39, 603, Elco Residency, Almeda Room No. 1924, 19Th Floor, Vs. Park Behind Elco Market, Air India Building, Nariman Bandra (West), Point, Churchgate, Mumbai-400050. Mumbai-400020. Pan No. Aehpg 8703 R Appellant Respondent

section 40A(3) Further, the AO has also invoked provisions of section 40A(3) Further, the AO has also invoked provisions of section 40A(3) of the I.T.Act and has disallowed an amount of Rs. of the I.T.Act and has disallowed an amount of Rs. of the I.T.Act and has disallowed an amount

SHRI SANJAY SHANTILAL JAIN,MUMBAI vs. JCIT, CENTRAL RANGE-8 , MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

section 40A(3) of the Act and thereby confirming the addition of entire sales as income of thereby confirming the addition of entire sales as income of thereby confirming the addition of entire sales as income of the assessee. the assessee. 3. The Ld. CIT(A) erred in facts and law in up 3. The Ld. CIT(A) erred

SHRI SANJAY SHANTILAL JAIN,MUMBAI vs. DCIT, CENTRAL RANGE-8 (3), MUMBAI

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

section 40A(3) of the Act and thereby confirming the addition of entire sales as income of thereby confirming the addition of entire sales as income of thereby confirming the addition of entire sales as income of the assessee. the assessee. 3. The Ld. CIT(A) erred in facts and law in up 3. The Ld. CIT(A) erred

ABU JANI SANDEEP KHOSLA ,MUMBAI vs. DCIT CENTRAL CIRCLE 3(3), MUMBAI

In the result, the appeal of revenue is dismissed

Bench: Shri Pawan Singh & Ms. Padmavathy S.(Physical Hearing) Abu Jani Sandeep Khosla, Dcit, Central Circle 3(3), Gala No. 22 A Block, 1St Floor, Room No. 1923, 19Th Floor, Vs Ghanshyam Industrial Estate, Air India Building, Veera Desai Road, Andheri West, Nariman Point, Mumbai Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue Dcit, Central Circle 3(3), Abu Jani Sandeep Khosla, Room No.404, 4Th Floor, Vs Gala No. 22 A Block, 1St Floor, Kautilya Bhawan, Ghanshyam Industrial Estate, Bandra Kurla Complex, Veera Desai Road, Andheri Mumbai-400051 West, Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue

40A(3).The AO further noted that assessee has shown unsecured loan from Blue Star Investment of ₹ 18.00 lakhs. On show cause notice, the AO recorded that no details were furnished by assessee. The AO in absence of Abu Jani Sandeep Khosla (AY 2017-18) documentary evidence treated such loan amount as unexplained cash credit under section 68

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(3), MUMBAI, MUMBAI vs. ABU JANI SANDEEP KHOSLA, MUMBAI

In the result, the appeal of revenue is dismissed

Bench: Shri Pawan Singh & Ms. Padmavathy S.(Physical Hearing) Abu Jani Sandeep Khosla, Dcit, Central Circle 3(3), Gala No. 22 A Block, 1St Floor, Room No. 1923, 19Th Floor, Vs Ghanshyam Industrial Estate, Air India Building, Veera Desai Road, Andheri West, Nariman Point, Mumbai Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue Dcit, Central Circle 3(3), Abu Jani Sandeep Khosla, Room No.404, 4Th Floor, Vs Gala No. 22 A Block, 1St Floor, Kautilya Bhawan, Ghanshyam Industrial Estate, Bandra Kurla Complex, Veera Desai Road, Andheri Mumbai-400051 West, Mumbai-400058 Pan: Aaafa 2341 Q Appellant / Assessee Respondent / Revenue

40A(3).The AO further noted that assessee has shown unsecured loan from Blue Star Investment of ₹ 18.00 lakhs. On show cause notice, the AO recorded that no details were furnished by assessee. The AO in absence of Abu Jani Sandeep Khosla (AY 2017-18) documentary evidence treated such loan amount as unexplained cash credit under section 68

DCIT-CC-4(2), MUMBAI, MUMBAI vs. RUBBERWALA REALTY, MUMBAI

In the result, all the appeals of the assessee for AYs 2015-16 to\n2021-22 stands allowed and the appeal of the Revenue for AY 2018-19\nstands dismissed\nOrder pronounced in the open court on this ...

3)", "Section 143(2)", "Section 68", "Section 69C", "Section 133(6)", "Section 37(1)", "Section 40A

PRATAP UTTAM PUROHIT,MUMBAI vs. DCIT CIRCLE 41(1)(1), MUMBAI FORMALLY KNOWN AS ACIT 32(3), MUMBAI, MUMBAI

The appeal is partly allowed

Bench: Hon‟Ble Shri Vikram Singh Yadav & Hon‟Ble Shri Sandeep Gosainpratap Uttam Purohit Vs. Dcit, Circle 42(1)(1) 307, Jalaram Business Formerly Known As Centre, Ganjawala Lane Acit 32(3) Borivali (W), S.O Kautilya Bhawan Mumbai – 400092. Avenue 3, Near Videsh Bhavan,G Block Bkc Bandra East Mumbai – 400051. Pan/Gir No. Ahcpp6451F (Applicant) (Respondent) Assessee By Shri Bharat Kumar, Ca Revenue By Shri Chetan M. Kacha, Sr.Ar Date Of Hearing 23.04.2025 Date Of Pronouncement 16.06.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 29.01.2025 Passed U/S 250 Of The Income Tax Act, 1961 („The Act‟), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2014-15. 2 Pratap Uttam Purohit., Mumbai

section 40A(3) Assessing Officer, thus, disallowed said payments Tribunal noted that auditors had given their remarks stating that factory was situated in backward area and payments to transporters had to be made in cash because such persons were not having banking facility around factory area Tribunal further taking a view that genuineness of transactions had been proved, deleted

SHRI SANJAY SHANTILAL JAIN,MUMBAI vs. JCIT, CENTRAL RANGE-8, MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2011-12 & Assessment Year: 2011-12 & Assessment Year: 2012-13 & Assessment Year: 2013-14 & Assessment Year: 2014-15

40A(3) should be applied to disallow the same in entirety. 14. We have considered the rival submissions made before us and ve considered the rival submissions made before us and ve considered the rival submissions made before us and perused the material placed on record. Firstly, we have decided in perused the material placed on record. Firstly, we have

ACIT 25(1), MUMBAI vs. CHIRAG CONSTRUCTION, MUMBAI

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2009-10 Acit-25(1), M/S Chirag Construction Room No.202, 02Nd Floor, Company, बनाम/ Pratayakshkar Bhavan, 105, Gopal Puri, S.V.Road, Vs. Bandra Kurla Complex, Borivali (W), Bandra (East), Mumbai-400066 Mumbai-400051 (राज"व /Revenue) (""यथ" /Respondent) Pan. No.Aacfc7646N

section 40A(3) cannot be applied following the decision of the Jurisdictional bench in case of Free India Assurance Services Ltd. as reported in (2011) 12 Taxman.com 424 (Mum). 20.9.5. In the remand report the A.O. has raised the issue that the appellant did not co-operate when he wanted to gather information more particularly purchases in respect