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Acit-27(3), Mumbai vs Rashmikant V. Shah, Mumbai on 20 January, 2020

"We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such Order Dote: 08.102018 purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and sell the finished goods. In that view of the matter, as natural corollary, not the entire amount covered under such purchase. but the profit element embedded therein would be subject to tax. This was the view of this court in the case of Sanjay Oileake Industries v. CIT 120093 316 ITR 274 (G4j).
Income Tax Appellate Tribunal - Mumbai Cites 17 - Cited by 0 - Full Document

Shri Kirtikumar Vasantbhai Thakkar,, ... vs The Income Tax Officer, Ward-1,, Patan on 27 November, 2017

In this background I find that the case of the appellant is covered by Hon'ble Gujarat High Court decision in the case of Sanjav Industries vs. CIT (2009) 316 ITR 274 (Guj.) decision dated March 4, 2008. Para 11 to 13 of Hon'ble Gujarat High Court deer on in trie case of Sanjay Oil Cake Industries are reproduced below wherein Hon'ble Gujarat High Court upheld Hon'ble ITAT finding of upholding 25% addition on account of bogus purchases:
Income Tax Appellate Tribunal - Ahmedabad Cites 10 - Cited by 1 - Full Document

Dcit 28(3), Navi Mumbai vs Sunil Khanna, Navi Mumbai on 3 November, 2017

Sunil H. Khanna "We are of the opinion that the Tribunal committed no error. Whether the purchases themselves were bogus or whether the parties from whom such purchases were allegedly made were bogus is essentially a question of fact. The Tribunal having examined the evidence on record came to the conclusion that the assessee did purchase the cloth and sell the finished goods. In that view of the matter, as natural corollary, not the entire amount covered under such purchase, but the profit element embedded therein would be subject to tax. This was the view of this court in the case of Sanjay Oilcoke Industries v, CIT [2009] 326 ITR 274 (Guj).
Income Tax Appellate Tribunal - Mumbai Cites 14 - Cited by 0 - Full Document
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