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19 results for “bogus purchases”+ Section 5clear

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Key Topics

Addition to Income10Section 1486Revision u/s 2634Section 13(1)(a)3Section 1083Survey u/s 133A3Section 1152Section 672Section 260A

Commissioner of Income Tax-II vs. Hycons Infrastructure (India) Ltd.

The appeals are dismissed

ITTA/411/2013HC Telangana25 Sept 2013
Section 3Section 3(3)Section 5ASection 5A(1)

bogus purchase to maximize payment of duty in cash. In fact, when other units in the country avails CENVAT Credit o f say 68% of total duty (32% in PLA), there cannot be any plausible reasons to a vail credit to say 24% (76% in PLA) by units in these areas. This analysis clear ly brings out a fact that

Principal Commissioner of Income Tax [TDS] vs. M/s.KCIL-MEIL [JV]

ITTA/212/2015HC Telangana02 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

2
Section 1322
Section 145(3)2
Penalty2
Section 55
Section 55(5)(a)
Section 67

5. On 22.12.2015, this Court while condoning the delay, noted the question of law mooted in the revision as follows: “We have heard the learned Senior Government Pleader for the Department of Commercial Taxes. It is submitted that the question of law mooted for OT.REV 212/2015 -7- consideration is as to whether the Deputy Commissioner (Appeals) has the power

The Commissioner of Income Tax vs. Shri Byru Venkateswarlu

Appeal is dismissed

ITTA/341/2005HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 271(1)(c)

Bogus Purchase Rs.1,71,917/- 2-9 Salarly to Babu Bhai Rs.10,800/- 14 Disallowance of Dalali Rs.2,136/- 15” 6. Counsel for the appellant has further contended that the Gujarat High Court in the case of National Textiles vs. Commissioner of Income Tax reported in 249 ITR 0125 in para 21-24 has observed as under: “21. The provisions

The Commissioner of Income Tax-III, vs. M/S V.J.Equipment Limited,

ITTA/305/2008HC Telangana02 Feb 2012

Bench: Charging The Interest U/S 234B & 234C Of The It Act?” 3. The Brief Facts Of The Case Are That The Assessee Firm Is Engaged In The Business Of Precious & Semi Precious Stones & It Is A 100% Exporter. During The

Section 145(3)Section 234BSection 69C

section 145(3) of the Act as the assessee was unable to explain the purchases and the day to day quantitative tally of goods consumed was also not maintained? 3) Whether the ITAT was justified in upholding the action of CIT (A) in directing to adjust the MAT credit before charging the interest u/s 234B and 234C

The Commissioner of Income Tax-IV vs. M/s. Meghadoot Drillers,

ITTA/473/2011HC Telangana31 Jan 2012
Section 133ASection 139Section 145(3)Section 147

5. Whether the order of the Tribunal is perverse in holding that the purchases made from three parties are genuine ignoring the clinching evidence brought on record that such parties do not exist at the given address and the alleged purchases are not found recorded in RG 23A Part I and other relevant registers verified by the Central Excise Authorities

The Commissioner of Income -Tax - III, vs. Shri Taher Ali

ITTA/322/2008HC Telangana04 Apr 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 108Section 13(1)(a)Section 13(1)(b)Section 13(1)(e)

bogus complaint dated 12.10.1990 to B.M.C. authorities as defendant no.2 had filed affidavit dated 10.9.1990 in favour of one of the tenants, Smt. Vasanti B. Palan in Suit (ST) 647 of 1990. Defendant no.2, by his Advocates' letter dated 28.10.1990 had placed various facts on record. On 8.11.1990, B.M.C. authorities issued notice under section 351 of the Mumbai Municipal Corporation

Commissioner of Income Tax vs. Sri Chirla Rama Reddy, Contract

Appeal is dismissed with costs

ITTA/70/2007HC Telangana23 Mar 2016

Bench: The Hon’Ble Mr. Justice N.K.Sudhindrarao R.S.A.No.70/2007

Section 100

Sections 73, 74 and 75 49 of the Indian Registration Act, indicate the formalities. 49. When the execution is denied by the seller after completing formalities of execution, the Sub- Registrar would get authority to admit the execution. The purchaser has a right to present the document for compulsory registration. In this case, it was not the case of refusing

THE PRL COMMR OF ICOME TAX-2, vs. M/S KKD CO-OP BUILDING SOCY LTD., KAKINADA

ITTA/423/2016HC Telangana08 Oct 2018

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

For Appellant: Mr. Anshuman Sinha, Advocate
Section 13(1)(e)Section 164Section 340

5. There are two preconditions for initiating proceedings under Section 340 CrPC: (i) materials produced before the court must make out a prima facie case for a complaint for the purpose of inquiry into an offence referred to in clause (b)(i) of sub- section (1) of Section 195 CrPC, and (ii) it is expedient in the interests of justice

The Commissioner of Income Tax-IV vs. M/s. Labhan Finanve Limited

ITTA/484/2010HC Telangana02 Feb 2012

Bench: The Hon'Ble Court Of First Class Magistrate In Cmp No.3644/2008. Annexure Ii: True Copy Of The Statement Filed By The Petitioner Before The Hon'Ble Court Of First Class Magistrate. Annexure Iii: True Copy Of The Survey Report. Annexure Iv: True Copy Of The Statement Filed By The Petitioner Before The Hon'Ble Court Of First Class Magistrate. Annexure V: True Copy Of The Order Of The Judicial First Class Magistrate'S Court I, Rnakulam Dated 23.6.2009. // True Copy // Tks P.S. To Judge

Section 451

purchased and therefore, they claimed for custody of the gold ornaments for the purpose of enquiry under the provisions of the Income Tax Act. To lend support to the claim for interim custody the first respondent in the latter Crl.M.C. produced 9 documents before the court below. After hearing the three petitions they were disposed of as per Annexure

Commissioner of Income Tax, vs. Agricultural Market Committee

ITTA/413/2011HC Telangana17 Nov 2011

Bench: V.V.S.RAO,SANJAY KUMAR

For Appellant: - Suresh Kumar SheetlaniFor Respondent: - Income Tax Officer-1 (3)
Section 133Section 133(6)Section 142(1)Section 143(3)Section 147Section 148Section 260Section 282

purchase and sale of shares of certain companies and gifts from certain persons, which in fact never took place. The assessee was alleged to be one of the beneficiaries, figuring in 3 the list supplied by the Investigation Wing, Agra. Since the transactions of share trading were found to be bogus and, therefore, entire amount claimed to have been received

Commissioner of Income tax-VI vs. M/s. Narpat Girji Constructions,

The appeal is allowed

ITTA/19/2015HC Telangana25 Mar 2015
Section 449Section 456Section 456(1)Section 456(2)Section 483

5 years and 15 days. The application was filed on 27.07.2011 by the - 27 - OSA No. 19 of 2015 official liquidator whereas the limitation as provided under Section 58 of the Limitation Act read with Section 458A of the Companies Act got expired on 04.04.2008. Therefore, the Company Court was right in holding that the application was barred by limitation

The Commissioner of Income Tax V vs. M/s.Orchem Industries

ITTA/79/2007HC Telangana22 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 29(2)

5. Per contra, Mr.H. M. Parikh, learned counsel for the respondents – original defendants has submitted that this is a revision application wherein the power of this Court is very much limited and the scope of interference in the finding of facts is limited Page 6 of 36 C/CRA/79/2007 JUDGMENT one. He has submitted that if from the record

M/S VAIBHAV vs. JOINT COMM. OF INCOME TAX RANGE 3 HYD

Appeal is allowed and the judgments and decrees passed by the

ITTA/58/2002HC Telangana14 Sept 2022

Bench: The Learned Trial Court) Was Allowed & The Judgment & Decree Dated 12.12.2000, Passed By Learned Senior Sub Judge, Kullu Was Set-Aside. (Parties Shall Hereinafter Be Referred To In

For Appellant: Mr. Bimal Gupta, Sr. Advocate with

5. Whether the sale deed dated 19.1.1995 is a result of fraud and misrepresentation and not binding on the plaintiff? OPP. 6. Whether the plaintiff is entitled to the relief of injunction as prayed? OPP. 7. Whether the plaintiff is entitled for the recovery of ₹50,000/- with interest at the rate of 18% as alleged? OPP. 7 8. Whether

The Commissioner of Income Tax -III vs. Sri T.C. Reddy

The appeal stands dismissed

ITTA/577/2011HC Telangana28 Feb 2012

5 SCC 545 taken into consideration or inadmissible evidence has been taken into consideration or legal principles have not been applied in appreciating the evidence, or when the evidence has been misread. (See: Madan Lal Vs. Mst. Gopi & Anr.4; Narendra Gopal Vidyarthi Vs. Rajat Vidyarthi5; Commissioner of Customs (Preventive) Vs. Vijay Dasharath Patel6; Metroark Ltd. Vs. Commissioner of Central Excise

Principal Commissioner of Income Tax vs. Sri Nama Nageshwar Rao

ITTA/23/2021HC Telangana09 Oct 2023

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

Section 132Section 132(4)Section 153ASection 260A

purchased shares of an unlisted private company in 2010. This unlisted company then merged with another unlisted company, M/s Focus Industrial Resources Ltd. and shares of this merged entity were allotted to the Assessee. Subsequently, the merged entity allotted further bonus shares to the Assessee and thereafter it was listed on the Bombay Stock Exchange. Assessee sold these shares

Commissioner of Income Tax-II vs. M/s.Jayalakshmi Chits

ITTA/211/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

5 of 41 C/TAXAP/194/2008 JUDGMENT an appeal before the CIT (A) contending that  the entire loss has wrongly been denied to be  set   off   against   the   other   incomes   of   the  assessee.   The   assessee   made   several  submissions before the CIT (A). The CIT (A)  thereafter  allowed  the  loss  claimed  by  the  assessee except to the tune of Rs.75,000/­ in  respect

The Commissioner of Income Tax-II, vs. M/S Gulf Oil Corporation Pvt. Ltd.,

ITTA/195/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

5 of 41 C/TAXAP/194/2008 JUDGMENT an appeal before the CIT (A) contending that  the entire loss has wrongly been denied to be  set   off   against   the   other   incomes   of   the  assessee.   The   assessee   made   several  submissions before the CIT (A). The CIT (A)  thereafter  allowed  the  loss  claimed  by  the  assessee except to the tune of Rs.75,000/­ in  respect

The Commissioner of Income Tax - VI vs. M/s. Manikanta Iron AND Hardware

ITTA/196/2008HC Telangana02 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

5 of 41 C/TAXAP/194/2008 JUDGMENT an appeal before the CIT (A) contending that  the entire loss has wrongly been denied to be  set   off   against   the   other   incomes   of   the  assessee.   The   assessee   made   several  submissions before the CIT (A). The CIT (A)  thereafter  allowed  the  loss  claimed  by  the  assessee except to the tune of Rs.75,000/­ in  respect

M/s Sri Surya Constructions vs. The Income Tax Officer

ITTA/11/2023HC Telangana27 Jul 2023

Bench: P.SAM KOSHY,N.TUKARAMJI

Section 115

Section 115 of the Code of Civil Procedure, 1908 (hereinafter “CPC”), has been filed on behalf of petitioner seeking the following reliefs:- “(a) Revise the impugned order (Annexure P/1) under Sec.115 of the CPC, 1908 dated 26.09.22 of the Hon'ble ADJ of the South East Saket District Court in Computer Junction vs Gisil Designs (CS DJ 754/20169287116) whereby