DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. RATHI STEEL AND METAL PVT. LTD, JALNA

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Dcit, Aurangabad Rathi Steel & Metal Pvt. Ltd. Plot No.F12, Addl Midc Area, Phase-Ii, Vs. Jalna – 431203 Pan : Aabcr5546A (Appellant) (Respondent) Assessee By : Shri Anand Partani Department By : Shri Ajay Kumar Keshari - Cit Date Of Hearing : 01-04-2025 Date Of Pronouncement : 27-05-2025 O R D E R

section 69C of the Act which was not considered by the appellate authority. However, in the case of the assessee the addition for non-genuine purchases was not made u/s 69C of the Act. The purchases were added to the income from business and profession of the assessee company. He further submitted that the facts of the instant case

DEPUTY COMMISSIONER OF INCOME, AURANGABAD vs. METAROLLS ISPAT PVT. LTD, JALNA

In the result, both the appeals filed by the Revenue are partly allowed

bogus purchases of\nRs.13,80,63,994/- will meet the ends of justice. We, therefore, set aside the order\nof the Ld. CIT(A) and direct the Assessing Officer to adopt the profit rate of 5% on\nthe total purchases of Rs.13,80,63,994/- and restrict the addition to Rs.69,03,200/-.\nThe order

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHAPUR vs. NATHMAL RUPCHAND JAIN, KOLHAPUR

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

Section 145(3) of the Act for rejection of books of account the AO has to prove that there are specific defects in the books of account and the profits cannot be deduced for the method of consistently employed by the assessee. However as mentioned above the AO has brought about the specific defect that the appellant has recorded bogus

DY. COMMISSIONER OF INCOME TAX,SATARA CIRCLE,SATARA, SATARA vs. KAY BOUVET ENGINEERING LIMITED, SATARA

In the result, both the appeals filed by the Revenue and both the COs filed by the assessee are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandra

purchases is also bogus and the assessee would have earned only commission for providing such false entries in its books of account. He, therefore, added an amount of Rs.3,60,11,804/- being the commission @ 2% on such bogus sales amounting to Rs.1,80,05,90,205/- as unexplained credit u/s 68 of the Act. 7. Before

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

14. In ground no.2 the assessee has challenged that Ld CIT(A) erred in not appreciating that the ITAT had not quashed the original Assessment Order dated 13.06.2014 but had only directed re- computation of disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD. ,PUNE vs. DY CIT , CIRCLE- 5 , PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

14. In ground no.2 the assessee has challenged that Ld CIT(A) erred in not appreciating that the ITAT had not quashed the original Assessment Order dated 13.06.2014 but had only directed re- computation of disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

14. In ground no.2 the assessee has challenged that Ld CIT(A) erred in not appreciating that the ITAT had not quashed the original Assessment Order dated 13.06.2014 but had only directed re- computation of disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

14. In ground no.2 the assessee has challenged that Ld CIT(A) erred in not appreciating that the ITAT had not quashed the original Assessment Order dated 13.06.2014 but had only directed re- computation of disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

14. In ground no.2 the assessee has challenged that Ld CIT(A) erred in not appreciating that the ITAT had not quashed the original Assessment Order dated 13.06.2014 but had only directed re- computation of disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order

INCOME TAX OFFICER, WARD 7(1), PUNE, PUNE vs. ANIL JAIRAM GOEL, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

section 68 and 69C of the IT Act. Ld. DR also submitted before the Bench that Hon’ble Supreme Court in the case of N. K. Proteins Ltd. vs. DCIT [2017] 84 taxmann.com 195 (SC) has accepted 100% addition of bogus purchases. Ld. DR also submitted before the Bench that Hon’ble High Court of Bombay in the case

INCOME TAX OFFICER, PUNE vs. ANIL JAIRAM GOEL, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

section 68 and 69C of the IT Act. Ld. DR also submitted before the Bench that Hon’ble Supreme Court in the case of N. K. Proteins Ltd. vs. DCIT [2017] 84 taxmann.com 195 (SC) has accepted 100% addition of bogus purchases. Ld. DR also submitted before the Bench that Hon’ble High Court of Bombay in the case

ACIT, CIRCLE-1, NASHIK, NASHIK vs. TAPARIA TOOLS LIMITED, NASHIK

In the result, both the appeal of the Revenue as well as Cross Objection of the assessee are allowed for statistical purposes as per the terms indicated above

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1337/Pun/2025 Assessment Year : 2017-18

Bogus. His final observations in the summary indicates that neither the assessee could place any evidence which could show how the goods have been transported from SKTPL to its premises nor any evidence could be placed by SKTPL demonstrating the transportation of goods from its office premises to the assessee’s premises. For such non-availability of evidence proving

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE, PUNE vs. SHREE CHANAKYA EDUCATION SOCIETY, AUNDH ,PUNE

In the result, both the appeals filed by the Revenue and the Cross Objection filed by the assessee are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15

Section 132(4) of the Income Tax Act, 1961, holds significant evidentiary value and should not have been dismissed merely due to the absence of cross-examination. 4. On the facts and circumstances of the case, the Ld. CIT(A) has erred in not appreciating the fact that the case laws relied upon

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE, PUNE vs. SHREE CHANAKYA EDUCATION SOCIETY, AUNDH, PUNE

In the result, both the appeals filed by the Revenue and the Cross Objection filed by the assessee are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15

Section 132(4) of the Income Tax Act, 1961, holds significant evidentiary value and should not have been dismissed merely due to the absence of cross-examination. 4. On the facts and circumstances of the case, the Ld. CIT(A) has erred in not appreciating the fact that the case laws relied upon

HETAL RAKESH MEHTA ,MUMBAI vs. ACIT, CC-1(2), PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Hetal Rakesh Mehta Acit, Central Circle 1(2), 9/10, Vidya Nagar, 60 Feet Road, Vs. Pune Ghatkopar East, Mumbai – 400077 Pan: Ammpm9670L (Appellant) (Respondent)

purchases and consequent income arising from these transactions had already been fully disclosed and accounted for in the appellant's income tax return. 3. On the facts and in circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) erred in ignoring the failure of the Assessing Officer to provide the appellant with a copy

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. SURYACHANDRA LALMANI DUBEY, AURANGABAD

In the result, appeal of the Revenue is allowed

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR.DIPAK P. RIPOTE (Accountant Member)

bogus purchases to the tune of Rs.36,56,250/- and suppressed the gross profit for the year under consideration………………… Therefore, 1 have reasons to believe that for A.Y. 2014-15, income to the tune of Rs.36,56,250/-has escaped assessment within the meaning of Section 147” 5.3 Thus, it can be observed from the above part of the paragraphs

DCIT-CIRCLE 7 PUNE, BODHI TOWER SALISBURY PARK PUNE vs. TRIO CHEMSUCROTECH ENG. PROJECTS PVT. LTD, PUNE

purchases and expenses were pending to be received even till 31.03.2010, the provisioning made was not accepted and added back to the income, After making the above two additions, the income of the assessee was assessed at Rs.30,94,50,800/-.\n6. Aggrieved assessee preferred appeal before the ld.CIT(A). During the course of appellate proceedings, assessee along with making

SAILAB MARKETING SERVICES PVT LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2), PUNE, PUNE

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

bogus sale purchase transactions with many other parties involving these twin assessees. We further note from a combined perusal of all these case files with the able assistance coming from both the learned representatives that the Assessing Officer(s) three re-assessments herein treated their respective trading business turnovers as bougs; being 3 ITA.Nos.72, 73 & 66/PUN./2021 And ITA.Nos