RAHUL CABLES PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME TAX -3,, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.1168 To 1170/Pun/2017 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2009-10 To 2011-12 वष"

section 263 of the Act should not be invoked and why the assessment may be set aside. Assessee filed a letter dated Nil giving written submissions contesting against the said proposal of the Pr.CIT. In support, assessee relied on various decisions in this regard. Subsequently, the Pr.CIT analysed the details furnished by the assessee and held that AO completed these

RAHUL CABLES PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME TAX -3,, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.1168 To 1170/Pun/2017 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2009-10 To 2011-12 वष"

section 263 of the Act should not be invoked and why the assessment may be set aside. Assessee filed a letter dated Nil giving written submissions contesting against the said proposal of the Pr.CIT. In support, assessee relied on various decisions in this regard. Subsequently, the Pr.CIT analysed the details furnished by the assessee and held that AO completed these

CHETAS CONTROL SYSTEMS PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

57,380/- excluding VAT for financial year 2008-09 relevant to A.Y.2009-10 in their books whereas no material as against these A.Ys.2009-10 to 2011-12 purchases were received by it in actual. The verification revealed that the assessee has inflated its expenses to the extent of the bills issued from hawala dealers. Therefore, notice u/s 148 was issued

CHETAS CONTROL SYSTEMS PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

57,380/- excluding VAT for financial year 2008-09 relevant to A.Y.2009-10 in their books whereas no material as against these A.Ys.2009-10 to 2011-12 purchases were received by it in actual. The verification revealed that the assessee has inflated its expenses to the extent of the bills issued from hawala dealers. Therefore, notice u/s 148 was issued

M/S. SIZE CONTROL GAUGES AND TOOLS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1778 To 1782/Pun/2019 ननधधारण वषा / Assessment Year : 2007-08 To 2011-12 M/S. Size Control Gauges & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa(Bk), Pune – 411 048. .......अपऩलधथी / Appellant Pan : Aaccs3670F

section 143(2) after filing the return of income which had rendered the Assessment Order bad in law liable to be set aside. 3. The CIT(A) erred in not deleting the disallowance of Rs.20,31,158/- out of purchases though the purchases were fully verifiable and the payments were made through bank. 4. Without prejudice to Ground

M/S. SIZE CONTROL GAUGES AND TOOLS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1778 To 1782/Pun/2019 ननधधारण वषा / Assessment Year : 2007-08 To 2011-12 M/S. Size Control Gauges & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa(Bk), Pune – 411 048. .......अपऩलधथी / Appellant Pan : Aaccs3670F

section 143(2) after filing the return of income which had rendered the Assessment Order bad in law liable to be set aside. 3. The CIT(A) erred in not deleting the disallowance of Rs.20,31,158/- out of purchases though the purchases were fully verifiable and the payments were made through bank. 4. Without prejudice to Ground

M/S. SIZE CONTROL GAUGES AND TOOLS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1778 To 1782/Pun/2019 ननधधारण वषा / Assessment Year : 2007-08 To 2011-12 M/S. Size Control Gauges & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa(Bk), Pune – 411 048. .......अपऩलधथी / Appellant Pan : Aaccs3670F

section 143(2) after filing the return of income which had rendered the Assessment Order bad in law liable to be set aside. 3. The CIT(A) erred in not deleting the disallowance of Rs.20,31,158/- out of purchases though the purchases were fully verifiable and the payments were made through bank. 4. Without prejudice to Ground

M/S. SIZE CONTROL GAUGES AND TOOLS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1778 To 1782/Pun/2019 ननधधारण वषा / Assessment Year : 2007-08 To 2011-12 M/S. Size Control Gauges & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa(Bk), Pune – 411 048. .......अपऩलधथी / Appellant Pan : Aaccs3670F

section 143(2) after filing the return of income which had rendered the Assessment Order bad in law liable to be set aside. 3. The CIT(A) erred in not deleting the disallowance of Rs.20,31,158/- out of purchases though the purchases were fully verifiable and the payments were made through bank. 4. Without prejudice to Ground

M/S. SIZE CONTROL GAUGES AND TOOLS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1778 To 1782/Pun/2019 ननधधारण वषा / Assessment Year : 2007-08 To 2011-12 M/S. Size Control Gauges & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa(Bk), Pune – 411 048. .......अपऩलधथी / Appellant Pan : Aaccs3670F

section 143(2) after filing the return of income which had rendered the Assessment Order bad in law liable to be set aside. 3. The CIT(A) erred in not deleting the disallowance of Rs.20,31,158/- out of purchases though the purchases were fully verifiable and the payments were made through bank. 4. Without prejudice to Ground

INCOME TAX OFFICER vs. DEEPAK SHANKAR PANASKAR,, NASHIK

In the result, appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 203 & 204/Pun/2017 "नधा"रण वष" / Assessment Year: 2010-11

bogus purchases over and above the GP declared by the assessee. 7. We have considered the decision in the case of Mukeshkumar Pukhraj Mehta Vs. The Income Tax Officer (supra.) on which the ld. DR has placed reliance. In the said case, the assessee had admitted to the addition of purchases made from the hawala dealers. No supporting documents substantiating

INCOME TAX OFFICER vs. DEEPAK SHANKAR PANASKAR,, NASHIK

In the result, appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 203 & 204/Pun/2017 "नधा"रण वष" / Assessment Year: 2010-11

bogus purchases over and above the GP declared by the assessee. 7. We have considered the decision in the case of Mukeshkumar Pukhraj Mehta Vs. The Income Tax Officer (supra.) on which the ld. DR has placed reliance. In the said case, the assessee had admitted to the addition of purchases made from the hawala dealers. No supporting documents substantiating

VIDYARTHI VIKAS PRATISHTHAN JALGAON,JALGAON vs. INCOME TAX DEPARTMENT (NFAC), DELHI

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.1194/Pun/2023 िनधा"रणवष" / Assessment Year : 2020-21 Vidyarthi Vikas Pratishthan Assessment Unit, Income Jalgaon, V Tax Department(Nfac) Gat No.148, Yashwant Nagar, S Ramanand Nagar, Maharashtra – 425001. Pan: Aaatv6624R Appellant/ Assessee Respondent /Revenue Assessee By Shri Hari Krishnan – Ar Revenue By Shri Sourabh Nayak – Jcit-Dr Date Of Hearing 01/02/2024 Date Of Pronouncement 02/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Under Section 250 Of The Income Tax Act, 1961 For A.Y.2020-21 Passed On 20.09.2023 Emanating From Order Under Section 143(3) R.W.S 144B Of The Income Tax Act, 1961 Dated 20.09.2022. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A) Has Erred In Dismissing The Grounds Of Appeal Filed Before Him By The Assessee & In Vidyarthi Vikas Pratishthan Jalgaon[A]

Purchase bills are attached herewith] Rs.46,89,549/- Less: Closing Stock Rs.5,61,225/- Total Rs.1,08,75,308/- 3. Assessee also claimed during the assessment proceedings, which is mentioned in the assessment order that assessee could not file Return of Income for the year in ITR-7 due to some technical reasons, as a result, assessee filed Return

DEPUTY COMMISSIONER OF INCOME TAX vs. M/S. BHARAT IRON SYNDICATE,, PUNE

In the result, the appeal of the Revenue is dismissed

57,760/- Total purchases:- 2,29,12,188/- 7. Having held that the alleged purchases were bogus in nature and only hawala entries were passed showing these names of the parties in the books of account of the assessee, the question that needs to be answered is whether the purchases so made leads to making addition to the total income

M/S. TIRUPATI SALES,,AURANGABAD vs. INCOME TAX OFFICER,,

In the result, both the appeals of the assessee are dismissed

57,42,807/- Total Rs. 1,61,84,077/- 5. The assessee was asked to explain the same by issue of notice u/s 148 of the Act for reopening of the assessment. As the assessee did not reply to the said notice, the Assessing Officer passed the reassessment order u/s 144 r.w.s. 148 of the Act and added the addition

M/S. TIRUPATI SALES,,AURANGABAD vs. INCOME TAX OFFICER,,

In the result, both the appeals of the assessee are dismissed

57,42,807/- Total Rs. 1,61,84,077/- 5. The assessee was asked to explain the same by issue of notice u/s 148 of the Act for reopening of the assessment. As the assessee did not reply to the said notice, the Assessing Officer passed the reassessment order u/s 144 r.w.s. 148 of the Act and added the addition

INCOME-TAX OFFICER, WARD - 14 (3),, PUNE vs. JEEVAN POPATLAL BHALIYA, PUNE

In the result, appeal of the Revenue is allowed for statistical purposes

bogus, which will nullify the effect in profit and loss account.” 2. The brief facts of the case are that the assessee is an individual and engaged in the business of civil construction. He is working with various builders for last 20 years or so. The assessee had filed the return of income on 24-3-2010 declaring total income

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, SOLAPUR vs. M/S. BEEKAY ENTERPRISES,, SOLAPUR

In the result, the legal ground taken in the assessee’s cross objection which goes to the root of the matter is allowed and the ground on merits therefore, becomes academic in nature

section 69C does not permit allowing partial expenditure. 5) Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A)-7, Pune is justified in restricting the disallowance @ 20% of bogus purchases from Hawala traders when the Gujarat High Court has held that the bogus purchase was disallowed when the same has been

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

57,43,879/-. The assessment was finalized under section 143(3) r.w.s. 153A(b) of the Act vide assessment order dated 27.12.2011 at Rs.12,69,30,330/-. The order was rectified under section 154 of the Act on 02.02.2012 and the revised assessed income was Rs.12,08,15,377/-. Survey action under section 133A of the Act was conducted