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192 results for “bogus purchases”+ Section 13(1)(c)clear

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Key Topics

Section 271(1)(c)127Section 143(3)115Addition to Income83Section 14856Bogus Purchases45Section 14739Disallowance34Penalty29Section 143(2)25

SHRI GUFRAN AHMED CHAUDHARI,,VALSAD vs. THE INCOME TAX OFFICER, VAPI WARD-1,, VAPI

In the result, appeals of the Assessees (in ITA No

ITA 623/SRT/2018[2011-12]Status: DisposedITAT Surat26 Nov 2021AY 2011-12

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.618/Srt/2018 (िनधा"रणवष" / Assessment Year: (2011-12) (Virtual Court Hearing) Prakash F Singh, The Income Tax Officer, V Ward-7, Room No.810, 8Th Floor, Rbl, 63/751, Chanod Colony, Gidc, S. Vapi-396195 Fortune Square-Ii, Vapi Daman Road, Chala, Vapi-396191 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Asnps 4835N (Assessee) (Respondent)

For Appellant: Shri A. Gopalakrishnan,C.AFor Respondent: Mrs. AnupamaSingla– Sr.DR
Section 143(2)Section 143(3)Section 271Section 271(1)(c)

purchases are made from rag pickers in cash on daily basis, I am inclined to agree with the AO's view that there could not be any case of sundry creditors in such business. Further, even the assessee accepts that the rag pickers are not identifiable nor they can be produced for verification and in such a situation

Showing 1–20 of 192 · Page 1 of 10

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Section 26321
Search & Seizure20
Section 142(1)18

SHRI PRAKASH F.SINGH,,VAPI vs. THE ITO, WARD-7,, VAPI

In the result, appeals of the Assessees (in ITA No

ITA 618/SRT/2018[2011-12]Status: DisposedITAT Surat26 Nov 2021AY 2011-12

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.618/Srt/2018 (िनधा"रणवष" / Assessment Year: (2011-12) (Virtual Court Hearing) Prakash F Singh, The Income Tax Officer, V Ward-7, Room No.810, 8Th Floor, Rbl, 63/751, Chanod Colony, Gidc, S. Vapi-396195 Fortune Square-Ii, Vapi Daman Road, Chala, Vapi-396191 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Asnps 4835N (Assessee) (Respondent)

For Appellant: Shri A. Gopalakrishnan,C.AFor Respondent: Mrs. AnupamaSingla– Sr.DR
Section 143(2)Section 143(3)Section 271Section 271(1)(c)

purchases are made from rag pickers in cash on daily basis, I am inclined to agree with the AO's view that there could not be any case of sundry creditors in such business. Further, even the assessee accepts that the rag pickers are not identifiable nor they can be produced for verification and in such a situation

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. AASTHA DEVELOPERS,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2086/AHD/2016[2011-12]Status: DisposedITAT Surat25 Jan 2019AY 2011-12

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

Section 133ASection 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. AASTHA CORPORATION,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2087/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

Section 133ASection 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. AASTHA ENTERPRISE,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2089/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

Section 133ASection 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. AASTHA ECO HOMES,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2088/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

Section 133ASection 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-1,, BARDOLI vs. M/S. AISHWARYA CORPORATION,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2084/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. ANUPAM INFRASTRUCTURE,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2340/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-2(3)(3),, SURAT vs. M/S. PNG DEVELOPERS,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2339/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE DCIT, CENTRAL CIRCLE-4,, SURAT vs. SAI VIHAR CORPORATION,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

ITA 2329/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE DCIT, CIRCLE-2(3),, SURAT vs. M/S. SHREE INFRA, SURAT

In the result, all the Seven Appeals of various assessee’s as listed

ITA 2973/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. VISHWAS CORPORATION,, SURAT

In the result, all the Seven Appeals of various assessee’s as listed

ITA 2614/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-2(3)(4),, SURAT vs. M/S. SHREE GOKUL DEVELOPERS,, SURAT

In the result, all the Seven Appeals of various assessee’s as listed

ITA 2338/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-2(3)(4),, SURAT vs. M/S. SHREE DEVELOPERS,, SURAT

In the result, all the Seven Appeals of various assessee’s as listed

ITA 2337/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-1,, BARDOLI vs. M/S. GIRIRAJ DEVELOPERS,, SURAT

In the result, all the Seven Appeals of various assessee’s as listed

ITA 2335/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-2(1)(4),, SURAT vs. M/S. VISHWAS HITECH INFRA PROJECT PVT. LTD.,, SURAT

In the result, all the Seven Appeals of various assessee’s as listed

ITA 2615/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

THE ITO, WARD-2(3)(4),, SURAT vs. M/S. VISHWAS DEVELOPERS,, SURAT

In the result, all the Seven Appeals of various assessee’s as listed

ITA 2613/AHD/2016[2013-14]Status: DisposedITAT Surat25 Jan 2019AY 2013-14

Bench: Smt. Diva Singh & Shri O.P.Meena

Section 271(1)(c)Section 68

purchaser. Therefore, assessee did not discharge its initial onus as the explanation of ‘on-money’ was faulted by the Assessing Officer. 3. Whether on the facts and in the circumstances of the case and in Law, Ld.CIT(A) has not erred in relying on the judgments to the effect that penalty can not be imposed merely because of change

SANTOSH SINGH HUKAM SINGH KARNAWAT,SURAT vs. ITO, WARD 2(3)(8), SURAT

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

ITA 655/SRT/2025[2012-13]Status: DisposedITAT Surat25 Nov 2025AY 2012-13

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ajay Uke, Sr. DR
Section 133(6)Section 250Section 271(1)(c)

bogus purchases. 8. It would be useful to refer to law laid down by various High Courts and Tribunals on issue of levy of penalty in case of adhoc additions/ disallowances before we decide the issue before us. 9. Their Lordships of Punjab & Haryana High Court in Hari Gopal Vs. CIT [258 ITR 85 (P&H) held as under

INCOME TAX OFFICER, WARD-3(3)(1), SURAT, SURAT vs. BORDA BROTHERS, SURAT

In the result, both the appeals filed by the Department are dismissed

ITA 1068/SRT/2024[2007-08]Status: DisposedITAT Surat08 Apr 2025AY 2007-08

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

For Appellant: None for AssesseeFor Respondent: Shri Ravi Kant Gupta, CIT DR
Section 148Section 271(1)(c)Section 69A

bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed." "After taking into consideration the various decisions of the Tribunal that no penalty under section 271(1)(c) is leviable on estimated additions and also after taking into consideration the decision of Hon'ble Rajasthan High Court in the case

INCOME TAX OFFICER, SURAT vs. BORDA BROTHERS, VARACHHA ROAD, SURAT

In the result, both the appeals filed by the Department are dismissed

ITA 1062/SRT/2024[2007-08]Status: DisposedITAT Surat08 Apr 2025AY 2007-08

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

For Appellant: None for AssesseeFor Respondent: Shri Ravi Kant Gupta, CIT DR
Section 148Section 271(1)(c)Section 69A

bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed." "After taking into consideration the various decisions of the Tribunal that no penalty under section 271(1)(c) is leviable on estimated additions and also after taking into consideration the decision of Hon'ble Rajasthan High Court in the case