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

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

2 of the appeal is, therefore,\nallowed.\n10. Aggrieved with such order of the Ld. CIT(A), the Revenue is in appeal\nbefore the Tribunal.\n11. The Ld. DR strongly challenged the order of the Ld. CIT(A) in deleting the\nentire addition. He submitted that when the GST department has found the parties\nto be fraudsters and the above

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 assessee had not concealed particulars of income and the disallowance was made out of alleged bogus purchases on estimate basis and penalty for concealment of income was not imposable in respect of such estimated disallowance. 4. The Ld CIT(A) erred in not appreciating that the assessee

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 assessee had not concealed particulars of income and the disallowance was made out of alleged bogus purchases on estimate basis and penalty for concealment of income was not imposable in respect of such estimated disallowance. 4. The Ld CIT(A) erred in not appreciating that the assessee

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 assessee had not concealed particulars of income and the disallowance was made out of alleged bogus purchases on estimate basis and penalty for concealment of income was not imposable in respect of such estimated disallowance. 4. The Ld CIT(A) erred in not appreciating that the assessee

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 assessee had not concealed particulars of income and the disallowance was made out of alleged bogus purchases on estimate basis and penalty for concealment of income was not imposable in respect of such estimated disallowance. 4. The Ld CIT(A) erred in not appreciating that the assessee

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 assessee had not concealed particulars of income and the disallowance was made out of alleged bogus purchases on estimate basis and penalty for concealment of income was not imposable in respect of such estimated disallowance. 4. The Ld CIT(A) erred in not appreciating that the assessee

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

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

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

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

ASHOK VIJAYKUMAR KOTECHA,JALGAON vs. ACIT, CIRCLE 1, JALGAON, JALGAON

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2011-12

2,200 204.26 4,49,372 21 17.01.11 Ashok Kotecha 20,000 196.30 39,25,940 21 18.01.11 Ashok Kotecha 19,975 190.32 38,01,542 21 19.01.11 Ashok Kotecha 36,750 191.28 70,29,540 Sub-total (Ashok Kotecha) 78,925 1,52,06,394 Para 7.1 & Sales consideration of S V 1,52,31,943 Para

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

2% of the above expenditure for routing of such expenditure through bogus entries.\nAllowability of Expenditure\n2. 19. Section 37(1) provides for conditions for allowability of expenditure as deduction in computing the income chargeable under the head \"Profit and gain from business or profession\". Section 37(1) is reproduced below:\n\"Any expenditure not being expenditure of the nature

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

section case no. & dated The DCIT, Sailab Marketing Circle-5, Services Pvt. 1. 72/PUN./2021 2005-06 3rd Floor, PMT Ltd., 43/9-B, Bldg., Karve Road, Shankarsheth Erandwane, Road, Pune. Swargate, Pune – PIN – 411 004 PN/CIT(A)- 411 037 PAN AAGCS4745P Maharashtra. Maharashtra. 1/DCIT Cir.1(2)/202/1 Sailab Marketing The DCIT, Services Pvt. Ltd., Circle-5, 0-11/42, dated 2

DCIT, CIRCLE-5, PUNE vs. SHRI PURUSHOTTAM R MOGHE, PUNE

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

section case no. & dated The DCIT, Sailab Marketing Circle-5, Services Pvt. 1. 72/PUN./2021 2005-06 3rd Floor, PMT Ltd., 43/9-B, Bldg., Karve Road, Shankarsheth Erandwane, Road, Pune. Swargate, Pune – PIN – 411 004 PN/CIT(A)- 411 037 PAN AAGCS4745P Maharashtra. Maharashtra. 1/DCIT Cir.1(2)/202/1 Sailab Marketing The DCIT, Services Pvt. Ltd., Circle-5, 0-11/42, dated 2

DCIT CIRCLE- 5, PUNE vs. SAILAB MARKETING SERVICES PVT. LTD., PUNE

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

section case no. & dated The DCIT, Sailab Marketing Circle-5, Services Pvt. 1. 72/PUN./2021 2005-06 3rd Floor, PMT Ltd., 43/9-B, Bldg., Karve Road, Shankarsheth Erandwane, Road, Pune. Swargate, Pune – PIN – 411 004 PN/CIT(A)- 411 037 PAN AAGCS4745P Maharashtra. Maharashtra. 1/DCIT Cir.1(2)/202/1 Sailab Marketing The DCIT, Services Pvt. Ltd., Circle-5, 0-11/42, dated 2

DCIT, CIRCLE-5, PUNE vs. SHRI PURUSHOTTAM R MOGHE, PUNE

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

section case no. & dated The DCIT, Sailab Marketing Circle-5, Services Pvt. 1. 72/PUN./2021 2005-06 3rd Floor, PMT Ltd., 43/9-B, Bldg., Karve Road, Shankarsheth Erandwane, Road, Pune. Swargate, Pune – PIN – 411 004 PN/CIT(A)- 411 037 PAN AAGCS4745P Maharashtra. Maharashtra. 1/DCIT Cir.1(2)/202/1 Sailab Marketing The DCIT, Services Pvt. Ltd., Circle-5, 0-11/42, dated 2

PURUSHOTTAM R MOGHE,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2), PUNE, PUNE

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

section case no. & dated The DCIT, Sailab Marketing Circle-5, Services Pvt. 1. 72/PUN./2021 2005-06 3rd Floor, PMT Ltd., 43/9-B, Bldg., Karve Road, Shankarsheth Erandwane, Road, Pune. Swargate, Pune – PIN – 411 004 PN/CIT(A)- 411 037 PAN AAGCS4745P Maharashtra. Maharashtra. 1/DCIT Cir.1(2)/202/1 Sailab Marketing The DCIT, Services Pvt. Ltd., Circle-5, 0-11/42, dated 2