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

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

sections": [ "143(1)", "143(2)", "142(1)", "132", "133(6)", "131", "147", "143(3)", "69A", "271AAC(1)", "28", "69", "69C" ], "issues": "Whether additions made by the AO on account of bogus purchases

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

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

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

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

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

bogus purchases from various entities in respect of the assessee company. In the appraisal report names of 19 parties were mentioned. Notices u/s 133(6) of the Act were issued to these parties and the purchases were confirmed by the parties except OM Traders, Sunny Traders and Krypton Scrap Works Pvt. Ltd. It was further mentioned that information was also

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

2% of the bogus sales amounting to Rs.180,05,90,205/- on the ground that the assessee had shown false entries of purchases made from non-existing entities. Therefore, the assessee’s claim of sales out of such purchases is also bogus and the assessee would have earned only the commission for providing such false entries in its books

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

2) The leave and license agreement is very recent, so it is not established if the warehouses were rented by M/s Sharp king in FY 2016-17, as no documentary proof regarding the same has been furnished. (3) With respect to the address mentioned on all the ledger and invoices, M/s Sharp King Trading Pvt Ltd never existed at that

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

2) ands 142(1) of the Act along with a questionnaire which were duly served on the assessee. The AR of the assessee, in response to the same, appeared before the Assessing Officer from time to time and filed the requisite details. 3. The Assessing Officer further obtained information u/s 133(6) of the Act from the various banks with

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

2. The 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 on 28.02.2024 and in initiating penalty proceedings under section

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

2. The 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 on 28.02.2024 and in initiating penalty proceedings under section

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

2. The 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 on 28.02.2024 and in initiating penalty proceedings under section

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

2. The 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 on 28.02.2024 and in initiating penalty proceedings under section

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

2. The 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 on 28.02.2024 and in initiating penalty proceedings under section

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)

2. Whether on the facts and circumstances of the case and in law, the Ld CIT(Appeals) has erred in restricting the addition of bogus purchase of Rs 29,37,366/- instead of Rs.2,53,72,426/- without considering the decision of Hon'ble Supreme Court of India in the case of N.K. proteins Ltd vs Deputy Commissioner of Income

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)

2. Whether on the facts and circumstances of the case and in law, the Ld CIT(Appeals) has erred in restricting the addition of bogus purchase of Rs 29,37,366/- instead of Rs.2,53,72,426/- without considering the decision of Hon'ble Supreme Court of India in the case of N.K. proteins Ltd vs Deputy Commissioner of Income

ABIL REALTY PVT. LTD.,PUNE vs. ITO, WARD 1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 Abil Realty Pvt. Ltd. Ito, Ward 1(1), Pune Abil House, 2 Ganesh Khind Road, Vs. Range Hill Corner, Pune – 411007 Pan: Aaica8531I (Appellant) (Respondent) Assessee By : Shri Sanket M Joshi & Mandar Joshi Department By : Shri Amol Khairnar Cit-Dr Date Of Hearing : 08-01-2025 Date Of Pronouncement : 19-03-2025 O R D E R

purchased and sold was not owned by the appellant company but by M/s Beeline Impex Pvt. Ltd & Pearl Cosmetics & Chemicals Pvt. Ltd. the said land was having certain legal issues and encumbrances due to which the development of the property was not possible. It is far-fetched that a real estate business entity would give/take an advance of crores

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

purchase of car in name of its trustee, there was violation of section 13(2)(b) r.w.s. 13(3). However, denial of exemption u/s 11 should be limited only to amount which was diverted in violation of section 13(2)(b). He referred to the decision of Hon’ble Punjab & Haryana High Court in the case of CIT vs. Apeejay

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

purchase of car in name of its trustee, there was violation of section 13(2)(b) r.w.s. 13(3). However, denial of exemption u/s 11 should be limited only to amount which was diverted in violation of section 13(2)(b). He referred to the decision of Hon’ble Punjab & Haryana High Court in the case of CIT vs. Apeejay

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

bogusness or establish circumstance unerringly and reasonably raising an interference to that effect. The Hon'ble Supreme Court in the case of Umacharan Shah & Bros Vs CIT (37 ITR 271] held that suspicion however strong, cannot take the place of evidence. Since the transaction from the assessee is genuine no addition or disallowance can be made on this account

DATTATRAY HANMANTRAO DESAI,KARAD vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

bogus purchases over and above rate of gross profit of 4.63 per cent declared by assessee and passed assessment order, since assessee had produced all necessary details of purchase, sales, audited books of account, quantity details and there was no discrepancy between purchase and sales declined, Assessing Officer had taken one possible view out of two assumption and thus