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20 results for “bogus purchases”+ Section 197clear

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Key Topics

Section 26328Section 92C(3)24Section 143(3)16Addition to Income16Section 144C(8)12Section 148A10Transfer Pricing8Bogus Purchases8Survey u/s 133A

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

ITA 1374/PUN/2025[2018-19]Status: DisposedITAT Pune16 Dec 2025AY 2018-19

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

For Respondent: Shri Ashwani Kumar &
Section 131Section 133ASection 143(1)(a)Section 143(3)Section 148

197 (Bombay) The sum and substance of the above judicial decisions are that the purchase cannot be disallowed merely on the information received from sales tax department that assessee was beneficiary of accommodation entries on account of bogus purchases without carrying out independent enquiry and bringing on record tangible material to conclusively establish the fact that purchases were bogus. Merely

CHANDUKAKA SARAF AND SONS PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX , (CENTRAL),, PUNE

8
Section 1487
Section 1327
Section 153A7

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

ITA 690/PUN/2019[2015-16]Status: DisposedITAT Pune21 Nov 2019AY 2015-16
For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad
Section 132Section 143(3)Section 153ASection 263

197/- 37,92,68,944/- 2015-16 27,54,93,430/- 28,04,03,784/- 5. From the above table, it is evident that the Assessing Officer made certain additions (i.e. Rs.42,24,481/- for A.Y. 2009-10) on account of bogus purchases calculating at the rate of 2% of URD purchases made in cash on ad-hoc basis. This

CHANDUKAKA SARAF AND SONS PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX , (CENTRAL),, PUNE

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

ITA 688/PUN/2019[2013-14]Status: DisposedITAT Pune21 Nov 2019AY 2013-14
For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad
Section 132Section 143(3)Section 153ASection 263

197/- 37,92,68,944/- 2015-16 27,54,93,430/- 28,04,03,784/- 5. From the above table, it is evident that the Assessing Officer made certain additions (i.e. Rs.42,24,481/- for A.Y. 2009-10) on account of bogus purchases calculating at the rate of 2% of URD purchases made in cash on ad-hoc basis. This

CHANDUKAKA SARAF AND SONS PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX , (CENTRAL),, PUNE

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

ITA 689/PUN/2019[2014-15]Status: DisposedITAT Pune21 Nov 2019AY 2014-15
For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad
Section 132Section 143(3)Section 153ASection 263

197/- 37,92,68,944/- 2015-16 27,54,93,430/- 28,04,03,784/- 5. From the above table, it is evident that the Assessing Officer made certain additions (i.e. Rs.42,24,481/- for A.Y. 2009-10) on account of bogus purchases calculating at the rate of 2% of URD purchases made in cash on ad-hoc basis. This

CHANDUKAKA SARAF AND SONS PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX , (CENTRAL),, PUNE

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

ITA 686/PUN/2019[2011-12]Status: DisposedITAT Pune21 Nov 2019AY 2011-12
For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad
Section 132Section 143(3)Section 153ASection 263

197/- 37,92,68,944/- 2015-16 27,54,93,430/- 28,04,03,784/- 5. From the above table, it is evident that the Assessing Officer made certain additions (i.e. Rs.42,24,481/- for A.Y. 2009-10) on account of bogus purchases calculating at the rate of 2% of URD purchases made in cash on ad-hoc basis. This

CHANDUKAKA SARAF AND SONS PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX , (CENTRAL),, PUNE

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

ITA 687/PUN/2019[2012-13]Status: DisposedITAT Pune21 Nov 2019AY 2012-13
For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad
Section 132Section 143(3)Section 153ASection 263

197/- 37,92,68,944/- 2015-16 27,54,93,430/- 28,04,03,784/- 5. From the above table, it is evident that the Assessing Officer made certain additions (i.e. Rs.42,24,481/- for A.Y. 2009-10) on account of bogus purchases calculating at the rate of 2% of URD purchases made in cash on ad-hoc basis. This

CHANDUKAKA SARAF AND SONS PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX , (CENTRAL),, PUNE

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

ITA 684/PUN/2019[2009-10]Status: DisposedITAT Pune21 Nov 2019AY 2009-10
For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad
Section 132Section 143(3)Section 153ASection 263

197/- 37,92,68,944/- 2015-16 27,54,93,430/- 28,04,03,784/- 5. From the above table, it is evident that the Assessing Officer made certain additions (i.e. Rs.42,24,481/- for A.Y. 2009-10) on account of bogus purchases calculating at the rate of 2% of URD purchases made in cash on ad-hoc basis. This

CHANDUKAKA SARAF AND SONS PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX , (CENTRAL),, PUNE

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

ITA 685/PUN/2019[2010-11]Status: DisposedITAT Pune21 Nov 2019AY 2010-11
For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad
Section 132Section 143(3)Section 153ASection 263

197/- 37,92,68,944/- 2015-16 27,54,93,430/- 28,04,03,784/- 5. From the above table, it is evident that the Assessing Officer made certain additions (i.e. Rs.42,24,481/- for A.Y. 2009-10) on account of bogus purchases calculating at the rate of 2% of URD purchases made in cash on ad-hoc basis. This

SANGEETA BASAVRAJ MANGRULE,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, AURANGABAD

Appeal is dismissed in above terms

ITA 706/PUN/2019[2015-16]Status: DisposedITAT Pune11 Aug 2022AY 2015-16
For Appellant: NoneFor Respondent: Shri M.G. Jasnani
Section 10(38)Section 131Section 143(3)

section 68 is called for. Since the assessee has placed the contract note, payment through cheques identifying the company whose shares were transacted, the genuineness of claim of long term capital gain should not have been doubted. We do not find merit in these contentions of the assessee in the light of the facts that there is prevalent practice

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

ITA 1063/PUN/2017[2008-09]Status: DisposedITAT Pune27 Jun 2019AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan
Section 143(3)Section 144CSection 144C(8)Section 92C(3)

bogus; when no authority to such effect existed with the learned TPO. The learned DRP erred in not deleting the entire addition proposed by the learned TPO on the above analogy as such and further erred in not proceeding with the matter instead of leaving the matter at that point, considering the scope of powers u/s 144C

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

ITA 1064/PUN/2017[2009-10]Status: DisposedITAT Pune27 Jun 2019AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan
Section 143(3)Section 144CSection 144C(8)Section 92C(3)

bogus; when no authority to such effect existed with the learned TPO. The learned DRP erred in not deleting the entire addition proposed by the learned TPO on the above analogy as such and further erred in not proceeding with the matter instead of leaving the matter at that point, considering the scope of powers u/s 144C

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

ITA 1065/PUN/2017[2010-11]Status: DisposedITAT Pune27 Jun 2019AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan
Section 143(3)Section 144CSection 144C(8)Section 92C(3)

bogus; when no authority to such effect existed with the learned TPO. The learned DRP erred in not deleting the entire addition proposed by the learned TPO on the above analogy as such and further erred in not proceeding with the matter instead of leaving the matter at that point, considering the scope of powers u/s 144C

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

ITA 1066/PUN/2017[2011-12]Status: DisposedITAT Pune27 Jun 2019AY 2011-12

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan
Section 143(3)Section 144CSection 144C(8)Section 92C(3)

bogus; when no authority to such effect existed with the learned TPO. The learned DRP erred in not deleting the entire addition proposed by the learned TPO on the above analogy as such and further erred in not proceeding with the matter instead of leaving the matter at that point, considering the scope of powers u/s 144C

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

ITA 1067/PUN/2017[2012-13]Status: DisposedITAT Pune27 Jun 2019AY 2012-13

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan
Section 143(3)Section 144CSection 144C(8)Section 92C(3)

bogus; when no authority to such effect existed with the learned TPO. The learned DRP erred in not deleting the entire addition proposed by the learned TPO on the above analogy as such and further erred in not proceeding with the matter instead of leaving the matter at that point, considering the scope of powers u/s 144C

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

ITA 1062/PUN/2017[2007-08]Status: DisposedITAT Pune27 Jun 2019AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan
Section 143(3)Section 144CSection 144C(8)Section 92C(3)

bogus; when no authority to such effect existed with the learned TPO. The learned DRP erred in not deleting the entire addition proposed by the learned TPO on the above analogy as such and further erred in not proceeding with the matter instead of leaving the matter at that point, considering the scope of powers u/s 144C

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

ITA 1437/PUN/2024[2016-17]Status: DisposedITAT Pune06 Dec 2024AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: Shri Ashwani KumarFor Respondent: Shri Ramnath P Murkunde
Section 139Section 139(1)Section 143(1)Section 148Section 148A

purchased and sold scripts at a price which are very less as compared to the market price on that particular day. During the FY 2014-15, M/s Kay Power and Paper Ltd. has made the transactions and booked the profit of Rs. 2,67,66,250/-. During the F.Y 2014-15, M/s Kay Power and Paper Ltd has made such

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

ITA 1436/PUN/2024[2015-16]Status: DisposedITAT Pune06 Dec 2024AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: Shri Ashwani KumarFor Respondent: Shri Ramnath P Murkunde
Section 139Section 139(1)Section 143(1)Section 148Section 148A

purchased and sold scripts at a price which are very less as compared to the market price on that particular day. During the FY 2014-15, M/s Kay Power and Paper Ltd. has made the transactions and booked the profit of Rs. 2,67,66,250/-. During the F.Y 2014-15, M/s Kay Power and Paper Ltd has made such

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

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

ITA 273/PUN/2021[2016-17]Status: DisposedITAT Pune31 May 2023AY 2016-17

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Naveen Gupta
Section 92C

197 Taxman 25 (Delhi). 16. However, the above-said claim was rejected by the Assessing Officer only on the ground that the claim for depreciation was not made either in the original return of income or in the revised return of income placing reliance on the decision of the Hon‟ble Supreme Court in the case of Goetze (India

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

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

ITA 334/PUN/2021[2016-17]Status: DisposedITAT Pune31 May 2023AY 2016-17

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Naveen Gupta
Section 92C

197 Taxman 25 (Delhi). 16. However, the above-said claim was rejected by the Assessing Officer only on the ground that the claim for depreciation was not made either in the original return of income or in the revised return of income placing reliance on the decision of the Hon‟ble Supreme Court in the case of Goetze (India

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE vs. INDO GLOBAL ERECTORS PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed

ITA 2349/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2019AY 2012-13

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.2349/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Acit, Circle-11, .......अपीलाथ" / Appellant Pune. बनाम / V/S. Indo Global Erectors Pvt. Ltd., 704, Sohrab Hall, Sasoon Road, Pune Station, Pune-411001. ……""यथ" / Respondent Pan : Aabci5167N Revenue By : Shri Pankaj Garg Assessee By : Shri Kishor Phadke सुनवाई क" तारीख / Date Of Hearing : 07.11.2019 घोषणा क" तारीख / Date Of Pronouncement : 20.11.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Revenue Against The Order Of Cit(A)-1, Pune Dated 24.07.2017 For The Assessment Year 2012-13. 2. The Grounds Raised By The Revenue Are As Under :- “1. The Order Of The Ld. Cit(A) Is Contrary To Law & To The Facts & Circumstances Of The Case. 2. The Ld. Cit(A) Erred On The Facts & Circumstances Of The Case In Directing The Assessing Officer To Delete The Addition Of Rs. 18,75,000/- Made On Account Of Unconsidered Amount Of Consideration From Geberit India Manufacturing Ltd. As Per Mou Even Though The Assessee Company Is Following Mercantile System Of Accounting. 3. The Ld. C1T(A) Erred On The Facts & Circumstances Of The Case In Directing The Assessing Officer To Delete The Addition Of Rs. 98,20,000/- Made On Account Of Disallowance Of Commission Paid To Various Brokers For Introduction Of Customers To The Assessee Company Even Though The Assessee Company Failed To Discharge Its Onus To Prove That The Expenditure Was Incurred

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Pankaj Garg
Section 143(3)Section 14A

197/- Rs.3,58,23,327/- Total Income Rs.12,01,17,636/- Total Income Rounded off to Rs.12,01,17,640/- 4. During the proceedings before the CIT(A), assessee made various submissions. At the end of the proceedings, the CIT(A) granted relief to the assessee on items relating to (i) addition of Rs.18,75,000/- on account 3 unconsidered