Addl. CIT v. Bahri Bros. (P) Ltd.

LAKHPAT TRADING AND INDUSTRYS PVT. LTD.,JODHPUR vs. ACIT, CIRCLE-3, JODHPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blelakhpat Trading & Acit, Circle-3 Industryspvt. Ltd. Jodhpur G-72/73 79/80, 1St Phase, Boranada, Jodhpur - 342001 Pan No. Aaccl 5668 C Assessee By Shri Rajendra Jain, Advocate & Smt. Raksha Birla, Ca (Physical) Smt. Runi Pal, Cit-Dr (Virtual) Revenue By Date Of Hearing 29.01.2026. Date Of Pronouncement 26.02.2026. Order Dr. Mitha Lal Meena, A.M.: This Appeal Is Filed By Assessee Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter Referred To As Nfac/ Cit(A)] Dated 26.06.2025 With Respect To Assessment Year 2017-18 Challenging Therein The Rejection Of Its Books Of Accounts U/S 145(3), Estimation Of Income & Reducing Genuine Sales.

…gned order which has been reproduced above. The Hon'ble Apex Court in the case of Laxmichand Baijnath v. CIT; 35 ITR 416 held that amount credited in business books can normally be presumed as business receipts. The Hon'ble Patna High Court in Bahri Brothers (154 ITR 244) held that identity of creditors is not relevant for cheque transactions. In such a situation, if part payment through cheque/RTGS from the same party is accepted, how the cash sale which has been duly recorded can be doubted unless and until contrary material is brought on record. So far as the meaning of expression "books" with respect to secti…

ACIT, CENTRAL CIRCLE-2, PATNA vs. M/S MAXXON VANIJYA & RESOURCES PVT LTD, KOLKATA

In the result, the order of the Ld

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

…IN THE INCOME TAX APPELLATE TRIBUNAL PATNA ‘DB’ BENCH AT KOLKATA [Virtual Court] Before SHRI SONJOY SARMA, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.: 89/PAT/2021 Assessment Year: 2012-13 ACIT, Central Circle-2, Patna M/s. Maxxon Vanijya & Vs. Resources Pvt. Ltd. (Appellant) (Respondent) PAN: AACCM3143M Appearances: Department represented by : Md. Shadab Ahmed, CIR(DR). Assessee represented by : Sudeep Sinha, Adv. Date of concluding the hearing : 13-October-2025 Date of pronouncing the order : 08-December-2025 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the Revenue is ag…

MANOHAR SINGH,JODHPUR vs. ITO, WARD-1(3),, JODHPUR

In the result, the appeal of the assessee is partly allowed

…deposit is question was therefore fully explained. 7. Your kind attention is also invited towards following decisions which supports the contention that the addition was not justified in the case of the appellant.  Addl. CIT vs. Bahri Bros. P. Ltd. (1985) 154 ITR 244 (Pat) At page 244 Shri Manohar Singh vs. ITO Held, that the assessee filed details of loans stating the nature and the mode of transactions. The creditors gave the amount in question to the assessee by account payee cheques which were encashed by the assessee through its own bank. The assessee had also submitted a copy of the certificate of the…

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

…. Aseem Singh vs. ACIT, reported in (2012) 19 TTJ 52 (ITAT, Indore) x. Umesh Electricals vs. ACIT, reported in (2011) 131 ITD 127 xi. Saraogi Credit Corporation vs. CIT, reported in (1976) 103 ITR 0344 (Patna HC) xii. Addl.CIT vs. Bahari Brothers, reported in 154 ITR 244 (Patna HC) xiii. Nemichand Kothari vs. CIT, reported in 264 ITR 254 (Gauhati HC) xiv. DCIT vs. Smt. Namita Patwa, reported in (2018) 32 ITJ 123 (ITAT, Indore) 23. The Ld. CIT(A) while dealing with this issue categorically analysed the observation made by the Ld. AO in the following manner: “4.3.2 The appellant further submitted that the detaile…

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

…. Aseem Singh vs. ACIT, reported in (2012) 19 TTJ 52 (ITAT, Indore) x. Umesh Electricals vs. ACIT, reported in (2011) 131 ITD 127 xi. Saraogi Credit Corporation vs. CIT, reported in (1976) 103 ITR 0344 (Patna HC) xii. Addl.CIT vs. Bahari Brothers, reported in 154 ITR 244 (Patna HC) xiii. Nemichand Kothari vs. CIT, reported in 264 ITR 254 (Gauhati HC) xiv. DCIT vs. Smt. Namita Patwa, reported in (2018) 32 ITJ 123 (ITAT, Indore) 23. The Ld. CIT(A) while dealing with this issue categorically analysed the observation made by the Ld. AO in the following manner: “4.3.2 The appellant further submitted that the detaile…

DCIT CENTRAL-1, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

…. Aseem Singh vs. ACIT, reported in (2012) 19 TTJ 52 (ITAT, Indore) x. Umesh Electricals vs. ACIT, reported in (2011) 131 ITD 127 xi. Saraogi Credit Corporation vs. CIT, reported in (1976) 103 ITR 0344 (Patna HC) xii. Addl.CIT vs. Bahari Brothers, reported in 154 ITR 244 (Patna HC) xiii. Nemichand Kothari vs. CIT, reported in 264 ITR 254 (Gauhati HC) xiv. DCIT vs. Smt. Namita Patwa, reported in (2018) 32 ITJ 123 (ITAT, Indore) 23. The Ld. CIT(A) while dealing with this issue categorically analysed the observation made by the Ld. AO in the following manner: “4.3.2 The appellant further submitted that the detaile…

ACIT CENTRAL-2, INDORE vs. SHRI SANJAY SHUKLA, INDORE

In the result, appeal of the assessee in ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Shri Sanjay Shukla, Acit Central Circle 2, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessment Year:2013-14 Acit Central Circle 2, Shri Sanjay Shukla, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessee By Shri Pankaj Shah, Ca Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing: 21.01.2022 Date Of Pronouncement: 15.03..2022 आदेश / O R D E R

…. CIT(A) erred in confirming action of the Ld. AO treating M/s KCL Infra Projects Private Limited as bogus and accommodation entry provider company. Reliance was placed on the judgment of Hon'ble Patna High court in the case of Addl. CIT v. Bahri Bros P. Ltd. 154 ITR 244. 7. Per contra ld. Departmental Representative vehemently argued supporting the finding of both the lower authorities 8. We have heard rival contentions and perused the records placed before us. The issue in dispute before us raised by the assessee is that Ld. CIT(A) erred in confirming the addition for unsecured loan of Rs.83 lacs taken from M/…

SHRI SANJAY SHUKLA ,INDORE vs. ACIT,CENTRAL-CIRLE-2, INDORE

In the result, appeal of the assessee in ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Shri Sanjay Shukla, Acit Central Circle 2, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessment Year:2013-14 Acit Central Circle 2, Shri Sanjay Shukla, बनाम/ Indore Indore Vs. (Appellant) (Respondent ) P.A. No.Ahqps8882D Assessee By Shri Pankaj Shah, Ca Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing: 21.01.2022 Date Of Pronouncement: 15.03..2022 आदेश / O R D E R

…. CIT(A) erred in confirming action of the Ld. AO treating M/s KCL Infra Projects Private Limited as bogus and accommodation entry provider company. Reliance was placed on the judgment of Hon'ble Patna High court in the case of Addl. CIT v. Bahri Bros P. Ltd. 154 ITR 244. 7. Per contra ld. Departmental Representative vehemently argued supporting the finding of both the lower authorities 8. We have heard rival contentions and perused the records placed before us. The issue in dispute before us raised by the assessee is that Ld. CIT(A) erred in confirming the addition for unsecured loan of Rs.83 lacs taken from M/…