order dated 19.11.2009
in Appeal No. 188/09 and Misc. Appl. Nos.306 & 307 of 2009 of the State
Commission, Maharashtra, Mumbai)
Simran Cooperative ... Commission, Mumbai in First Appeal No. 188/09 and miscellaneous
application Nos. 306 & 307 of 2009.
By the impugned order, the State Commission
confirming the disallowance of bogus purchases of Rs.13,32,306/-. For this, the
assessee has raised the following ground ... impugned bogus purchases in the sum of
Rs.13,32,306/- by the Ld. Deputy Commissioner of Income Tax, Circle-51,
Kolkata without considering
assessee relies on
following judgement:
1) 282 ITR 144 (Guj)
2) 306 ITR 194 (Bom) and
3) 306 ITR 1 (AT)(SB).
23. We find ... issue is covered by the decision of the Mumbai
Special Bench in 306 ITR 1 (AT) and therefore direct the AO to redo the
assessment
referred to
decision in Union of India v. Dharmendra Textile Processors [2008] 306 ITR 277 /
174 Taxman 571 (SC).
3. Similarly ... referred to decision in Union of India v. Dharmendra Textile Processors [2008]
306 ITR 277 / 174 Taxman 571 (SC).
4. On appeal
court in the case of
CIT V. Ponni Sugar and Chemicals Ltd. 306 ITR 392.
2 ITA no. 1897/Del/2010 ... case of CIT Vs. Ponni Sugars & Chemicals Ltd. (2008) 306 ITR 392,
assessee's claim of subsidy being capital in nature was accordingly
Supreme Court in Union of India vs
Dharmendra Textile Processors (2008) 306
ITR 277 has held:
"...the explanations appended to section ... Union of India vs Dharmendera Textiles (2008) , 306 ITR 277
(SC)
4. Union of India vs Rajasthan Spinning & Weaving Mills
Union of India Vs. Dharmindra Textile Processors,306 ITR 277 (SC).
5. On appeal, the learned CIT(A) upheld the levy of penalty ... case of Union of India v. Dharamendra Textile Processors [2008] 306 ITR
2771. In such a case it is difficult to accept the plea that
Having regard to the decision in the case of Dharmendra
Textile Processors (306 ITR 277) which decision has not
been overruled, the CIT(A) ought ... Union of India & Others vs
Dharmendra Textiles Processors and Others , 306 ITR 277(SC). This
case is also not relevant for the present appeal
unsustainable.
The appellant relies on the following decisions:
CIT vs. TDFC 306 ITR 136 (Mad)
CIT vs. Abdul Rahman Sait 306 ... Transport Develop Finance Corpn. Ltd. 306 ITR 136 (Mad)
8 I.T.A. Nos.1545 & 1546/Mds/10
9. With regard to appeal
Income Tax, vs Shri Ramendra Jain,
Circle 41(1), Room No.306, F-233, Antriksh Aptt.,
rd
3 Floor, Mayur Bhawan, Prashant Vihar Extn ... Hyderabad and Delhi
ITAT. The case of Dharmendra Textile Processors Ltd.
(2008) 306 ITR 0277 (SC) had been considered by
Supreme Court in the case
