ASSISTANT COMMISSIONER OF INCOME-TAX vs. MAHALAXMI INFRAPROJECTS LTD.,, KOLHAPUR

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

section 80IA(4) of the Act on both the counts. He further pointed out that after Survey proceedings were carried out on the premises of assessee on 08.01.2013 and the assessment proceedings were reopened from assessment year 2006-07, the documents which were found and seized during the course of Survey had revealed bogus purchases

ASSISTANT COMMISSIONER OF INCOME-TAX vs. MAHALAXMI INFRAPROJECTS LTD.,, KOLHAPUR

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

section 80IA(4) of the Act on both the counts. He further pointed out that after Survey proceedings were carried out on the premises of assessee on 08.01.2013 and the assessment proceedings were reopened from assessment year 2006-07, the documents which were found and seized during the course of Survey had revealed bogus purchases

ASSISTANT COMMISSIONER OF INCOME-TAX vs. MAHALAXMI INFRAPROJECTS LTD.,, KOLHAPUR

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

section 80IA(4) of the Act on both the counts. He further pointed out that after Survey proceedings were carried out on the premises of assessee on 08.01.2013 and the assessment proceedings were reopened from assessment year 2006-07, the documents which were found and seized during the course of Survey had revealed bogus purchases

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

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

bogus purchases and appellant has furnished evidences in form of delivery challans, purchase bills etc. (mentioning the point of origin of goods, destination, detail of vehicle numbers in which goods were transported as well as name of consignor and consignee) relating to same before the AO. Thus, appellant had successfully discharged initial burden or onus of providing details of party

M/S. SHANDAR INTERIORS PVT. LD.,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX : 3,, PUNE

In the result, appeal of the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

4 of the parties whose name appear in the list of bogus purchases. The total of such purchases works out to Rs.33,60,731/- for the A.Y. 2009-10. As per the provisions of section

M/S. SHANDAR INTERIORS PVT. LD.,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX : 3,, PUNE

In the result, appeal of the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

4 of the parties whose name appear in the list of bogus purchases. The total of such purchases works out to Rs.33,60,731/- for the A.Y. 2009-10. As per the provisions of section

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

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

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 vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

bogus bills and offering equal amount for taxation, the same cannot be retracted as it constitutes `evidence’. In order to appreciate this contention, let us have a look at the mandate of sub-section (4) of section 132 which provides that : `The authorised officer may, during the course of 8 Shahaji Bhanudas Bhad the search or seizure, examine on oath

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

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks