ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. ASHAPURA RUBBER UDYOG,, NASHIK

In the result, all the three appeals of the Revenue are dismissed

70,687/- on account of alleged bogus purchases from Hawala dealers / parties ? ii) Whether the Ld. CIT(A) should have considered that the assessee could not substantiate the claims of purchases from identified Hawala dealers and specifically admitted under oath u/s 131 of the Act? iii) Whether the Ld. CIT(A) should have considered the fact that the onus

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. ASHAPURA RUBBER UDYOG,, NASHIK

In the result, all the three appeals of the Revenue are dismissed

70,687/- on account of alleged bogus purchases from Hawala dealers / parties ? ii) Whether the Ld. CIT(A) should have considered that the assessee could not substantiate the claims of purchases from identified Hawala dealers and specifically admitted under oath u/s 131 of the Act? iii) Whether the Ld. CIT(A) should have considered the fact that the onus

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

70,03,386/- after excluding the GST amount of Rs.2,10,60,608/- from the total purchases of Rs.13,80,63,994/- from the three parties, the details of which have already been reproduced in para 5 of this order. While doing so, the Assessing Officer, apart from relying on various decisions, relied on the decision

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

70,815/-; assessment year wise, respectively as it is evident from the relevant column in form 36 thereof. That being the case, we quote the CBDT’s latest circular dated 08/08/2019 prescribing minimum tax effect of Rs.50,00,000/- in all of its appeals pending as well as to be filed, before the tribunal with retrospective effect. We thus decline

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

70,815/-; assessment year wise, respectively as it is evident from the relevant column in form 36 thereof. That being the case, we quote the CBDT’s latest circular dated 08/08/2019 prescribing minimum tax effect of Rs.50,00,000/- in all of its appeals pending as well as to be filed, before the tribunal with retrospective effect. We thus decline

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

70,815/-; assessment year wise, respectively as it is evident from the relevant column in form 36 thereof. That being the case, we quote the CBDT’s latest circular dated 08/08/2019 prescribing minimum tax effect of Rs.50,00,000/- in all of its appeals pending as well as to be filed, before the tribunal with retrospective effect. We thus decline

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

70,815/-; assessment year wise, respectively as it is evident from the relevant column in form 36 thereof. That being the case, we quote the CBDT’s latest circular dated 08/08/2019 prescribing minimum tax effect of Rs.50,00,000/- in all of its appeals pending as well as to be filed, before the tribunal with retrospective effect. We thus decline

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

70,815/-; assessment year wise, respectively as it is evident from the relevant column in form 36 thereof. That being the case, we quote the CBDT’s latest circular dated 08/08/2019 prescribing minimum tax effect of Rs.50,00,000/- in all of its appeals pending as well as to be filed, before the tribunal with retrospective effect. We thus decline

INCOME-TAX OFFICER vs. M/S. DEBROS POLYMER PRODUCT,, NASHIK

In the result, the appeals of the Revenue are dismissed and the cross objections filed by the assessee are partly allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

70,08,814 4,79,960 46,24,696 17.37% 44.57% 2.82% 30.01% 2011-12 1,74,01,038 4,93,990 7,73,908 18.13% 22.58% 2.83% 7.29% The ld. AR pointed that the GP declared by the assessee varied between 17% to 18% and NP declared by the assessee ranged between 2.82% to 2.97% for the assessment years

INCOME-TAX OFFICER vs. M/S. DEBROS POLYMER PRODUCT,, NASHIK

In the result, the appeals of the Revenue are dismissed and the cross objections filed by the assessee are partly allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

70,08,814 4,79,960 46,24,696 17.37% 44.57% 2.82% 30.01% 2011-12 1,74,01,038 4,93,990 7,73,908 18.13% 22.58% 2.83% 7.29% The ld. AR pointed that the GP declared by the assessee varied between 17% to 18% and NP declared by the assessee ranged between 2.82% to 2.97% for the assessment years

INCOME-TAX OFFICER vs. M/S. DEBROS POLYMER PRODUCT,, NASHIK

In the result, the appeals of the Revenue are dismissed and the cross objections filed by the assessee are partly allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

70,08,814 4,79,960 46,24,696 17.37% 44.57% 2.82% 30.01% 2011-12 1,74,01,038 4,93,990 7,73,908 18.13% 22.58% 2.83% 7.29% The ld. AR pointed that the GP declared by the assessee varied between 17% to 18% and NP declared by the assessee ranged between 2.82% to 2.97% for the assessment years

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. PAWAR PATKAR CONSTRUCTION PVT. LTD.,, NASHIK

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

70,400/- which is exclusively on the issue of non-genuine purchases - Hawala) 2. The CIT(A) was not correct in observing that the A.O. has simply relied on the sales tax information, in view of the fact that notice u/s 133(6) sent by the A.O. to the relevant parties which was returned undelivered and the party, before

DEPUTY COMMISSIONER OF INCOME-TAX vs. SERUM INSTITUTE OF INDIA LTD.,, PUNE

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

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

Bogus purchases’. 8. in confirming disallowance of rent paid of Rs.31,44,000/- for bungalow located at 70, Koregaon Park, Pune taken on lease (belonging to M/s. Poonawalla Finvest & Agro Pvt. Ltd., ZSP Group Company) for office of Director of appellant company and depreciation of Rs.12,97,701/- on the assets placed there at 9. a. not considering the ‘cost

SERUM INSTITUTE OF INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

Bogus purchases’. 8. in confirming disallowance of rent paid of Rs.31,44,000/- for bungalow located at 70, Koregaon Park, Pune taken on lease (belonging to M/s. Poonawalla Finvest & Agro Pvt. Ltd., ZSP Group Company) for office of Director of appellant company and depreciation of Rs.12,97,701/- on the assets placed there at 9. a. not considering the ‘cost

DEPUTY COMMISSIONER OF INCOME-TAX vs. SERUM INSTITUTE OF INDIA LTD.,, PUNE

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

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

Bogus purchases’. 8. in confirming disallowance of rent paid of Rs.31,44,000/- for bungalow located at 70, Koregaon Park, Pune taken on lease (belonging to M/s. Poonawalla Finvest & Agro Pvt. Ltd., ZSP Group Company) for office of Director of appellant company and depreciation of Rs.12,97,701/- on the assets placed there at 9. a. not considering the ‘cost

SERUM INSTITUTE OF INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

Bogus purchases’. 8. in confirming disallowance of rent paid of Rs.31,44,000/- for bungalow located at 70, Koregaon Park, Pune taken on lease (belonging to M/s. Poonawalla Finvest & Agro Pvt. Ltd., ZSP Group Company) for office of Director of appellant company and depreciation of Rs.12,97,701/- on the assets placed there at 9. a. not considering the ‘cost

M/S. TALOJA WAREHOUSE,,PANVEL vs. INCOME TAX OFFICER,,

In the result, appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita No.2941/Pun/2016 यििाारण वषा / Assessment Year : 2010-11

70,27,565/- as non- genuine/bogus purchases from the parties on the basis of information has been received from Sales Tax Department that such parties are “Suspicious Dealers” Provisions of the Act ought to have been properly construed and regard being had to facts of the case no such additions to be made. Reasons assigned by him are wrong

M/S. SHIVAM CONSTRUCTION CO,,PANVEL vs. DEPUTY COMMISSIONER OF INCOME TAX,,

Appeals are dismissed, accordingly

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.233 & 234/Pun/2017 ननधधारण वषा / Assessment Year : 2010-11 & 2011-12

Sections 68 and 69C of the Income-tax Act. The entire purchases shown on the basis of fictitious invoices have been debited in the trading account since the transaction has been found to be bogus. The Tribunal having once come to a categorical fiding that the amount of Rs.2,92,93,288/-represented alleged purchases from bogus suppliers