PRAMOD SHANKARRAO SALUNKHE,,KOLHAPUR vs. PR. COMMISSIONER OF INCOME-TAX -2,, KOLHAPUR

In the result, appeal of the assessee is allowed

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 974/Pun/2018 धनधाारण वषा / Assessment Year : 2010-11 Pramod Shankarrao Salunkhe Flat No.7, Takshak Apartment, E Ward, Nagala Park, Kolhapur-416 003 Pan : Alnps2900F .......अपीलाथी / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax-Ii, Kolhapur. ……प्रत्यथी / Respondent Assessee By : None Revenue By : Shri J.P Chandrakar

Section 68 and 69C of the I.T Act, 1961”. The said Gujarat High Court‟s decision has been affirmed by the Supreme Court by dismissing the SLP filed by the assessee and accordingly, it was held by the Ld. Pr. Commissioner of Income Tax that the addition on percentage basis on bogus/hawala purchases is not correct

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"

8 of the assessment are extracted here as under : “7 . . . . . . . . . . . . .Now, to arrive at the conclusion for amount of Rs.3,47,78,546/-, the financials of the assessee were examined for the period relevant to A.Y. 2008-09 to 2011-12. . . . . . . . . . . . . . . . . . . . . . . 08. Now, to calculate the reasonable amount of addition on account of these bogus purchases, there are various methods

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"

8 of the assessment are extracted here as under : “7 . . . . . . . . . . . . .Now, to arrive at the conclusion for amount of Rs.3,47,78,546/-, the financials of the assessee were examined for the period relevant to A.Y. 2008-09 to 2011-12. . . . . . . . . . . . . . . . . . . . . . . 08. Now, to calculate the reasonable amount of addition on account of these bogus purchases, there are various methods

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"

8 of the assessment are extracted here as under : “7 . . . . . . . . . . . . .Now, to arrive at the conclusion for amount of Rs.3,47,78,546/-, the financials of the assessee were examined for the period relevant to A.Y. 2008-09 to 2011-12. . . . . . . . . . . . . . . . . . . . . . . 08. Now, to calculate the reasonable amount of addition on account of these bogus purchases, there are various methods

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

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

purchases and bogus sales as circular trading for inflation of turnover. However, it is an admitted fact that the assessee in the instant case is maintaining regular books of account which were duly audited and the Assessing Officer has not rejected such audited books of account and accepted the various items which conform part of Profit and Loss Account including

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

section 133(6) of A.Ys.2009-10 to 2011-12 the Act, where hawala dealer was not traceable and in the absence of the assessee failing to file any documentary evidence of delivery of goods, addition is to be upheld in the hands of assessee on account of such bogus purchases. IV. The next instance is the case of goods

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

section 133(6) of A.Ys.2009-10 to 2011-12 the Act, where hawala dealer was not traceable and in the absence of the assessee failing to file any documentary evidence of delivery of goods, addition is to be upheld in the hands of assessee on account of such bogus purchases. IV. The next instance is the case of goods

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

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

section 133(6) of the Act, where hawala dealer was not traceable and in the absence of the bogus purchases. IV. The next instance is the case of goods which have been admittedly sold by the hawala dealer and has been received by the assessee, who in turn had maintained quantitative details and also evidence of its movement i.e. transportation

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

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

section 133(6) of the Act, where hawala dealer was not traceable and in the absence of the bogus purchases. IV. The next instance is the case of goods which have been admittedly sold by the hawala dealer and has been received by the assessee, who in turn had maintained quantitative details and also evidence of its movement i.e. transportation

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

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

section 133(6) of the Act, where hawala dealer was not traceable and in the absence of the bogus purchases. IV. The next instance is the case of goods which have been admittedly sold by the hawala dealer and has been received by the assessee, who in turn had maintained quantitative details and also evidence of its movement i.e. transportation

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

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

8,82,71,173 6,07,100 1,50,00,480 1,66,000 10,40,44,752 18. Similarly, for assessment year 2019-20 the Assessing Officer in the order passed u/s 147 r.w.s.143(3) dated 28.03.2024 has adopted the profit @ 5% on the bogus / untested purchases of Rs.17,49,83,488/- wherein M/s. Divya Enterprises Prop. Sagar Suraj

INCOME-TAX OFFICER vs. M/S. DELUXE TUBE TRADERS & SCRAP CENTRE,, NASHIK

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

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

bogus purchases. For this proposition, he relied on the decision of Pune Bench of the Tribunal in the case of M/s. Chhabi Electricals Pvt. Ltd. Vs. DCIT and others in ITA No.795/PUN/2014 and connected appeals, dated 28-04-2017 for the A.Y. 2010-11. 8. Ld. DR for the Revenue relied on the order of CIT(A) dutifully

INCOME-TAX OFFICER vs. M/S. DELUXE TUBE TRADERS & SCRAP CENTRE,, NASHIK

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

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

bogus purchases. For this proposition, he relied on the decision of Pune Bench of the Tribunal in the case of M/s. Chhabi Electricals Pvt. Ltd. Vs. DCIT and others in ITA No.795/PUN/2014 and connected appeals, dated 28-04-2017 for the A.Y. 2010-11. 8. Ld. DR for the Revenue relied on the order of CIT(A) dutifully

M/S. DELUXE TUBE TRADERS & SCRAP CENTRE,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

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

bogus purchases. For this proposition, he relied on the decision of Pune Bench of the Tribunal in the case of M/s. Chhabi Electricals Pvt. Ltd. Vs. DCIT and others in ITA No.795/PUN/2014 and connected appeals, dated 28-04-2017 for the A.Y. 2010-11. 8. Ld. DR for the Revenue relied on the order of CIT(A) dutifully

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