HMA AGRO INDUSTRIES LIMITED,AGRA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, AGRA, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

bogus purchases and, thus, it was stated that the assessment being erroneous and prejudicial to the interest of revenue and the assessee was asked to reply to the same. vii). The assessee submitted a detailed reply during the course of proceedings u/s 263, stated that the Assessing Officer in the proceedings u/s 148 which were reopened

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

bogus purchases and, thus, it was stated that the assessment being erroneous and prejudicial to the interest of revenue and the assessee was asked to reply to the same. vii). The assessee submitted a detailed reply during the course of proceedings u/s 263, stated that the Assessing Officer in the proceedings u/s 148 which were reopened

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED, AGRA

In the result, appeal filed by the assessee for AY 2019-20 is\nallowed and appeals filed by the Revenue in AYs 2021-22, 2022-23 and\n2023-24 are dismissed

bogus\npurchases and, thus, it was stated that the assessment being erroneous\nand prejudicial to the interest of revenue and the assessee was asked to\nreply to the same.\nvii).\nThe assessee submitted a detailed reply during the course of\nproceedings u/s 263, stated that the Assessing Officer in the\nproceedings u/s 148 which were reopened on this issue

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, appeal filed by the assessee for AY 2019-20 is\nallowed and appeals filed by the Revenue in AYs 2021-22, 2022-23 and\n2023-24 are dismissed

bogus\npurchases and, thus, it was stated that the assessment being erroneous\nand prejudicial to the interest of revenue and the assessee was asked to\nreply to the same.\nvii). The assessee submitted a detailed reply during the course of\nproceedings u/s 263, stated that the Assessing Officer in the\nproceedings u/s 148 which were reopened on this issue

TEJ SINGH,MATHURA vs. ITO 1(3)(4), MATHURA

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

reopening of assessment. The AO had acted only on the basis of suspicion and it could not be said that it was based on belief that income chargeable to tax had escaped assessment. The Assessing Officer had to act on the basis of “reason to believe” and not on “reason to suspect”. The information received from

SAGAR DWELLINGS P LTD,NEAR SUN TEMPLE GWALIOR vs. ACIT, FACELESS

In the result, assessee’s appeal is dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

purchases of Rs.1,03,89,106/-, shown as made from M/s Jai Baba Gurudev Traders during FY 2013-14 are apparently bogus and required to be disallowed. In view of all these facts, I have reason to believe that amount of Rs.1,03,89,106/- has escaped assessment in this case for AY 2014-15. Therefore, action

ANJU AGARWAL,AGRA vs. INCOME TAX OFFICER, WARD 2(1)(1), AGRA

In the result, the appeal of the Assessee is allowed

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh (Through Virtual Hearing) Anju Agarwal, Vs. Income Tax Officer, D-26, Kamla Nagar, Ward-2(1)(1), Agra Agra (Appellant) (Respondent) Pan: Awtpa4297L Assessee By : Shri K. K. Jain, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 16/09/2025 Date Of Pronouncement 04/12/2025

reopening of assessment without application of mind invalidates the order issued u/s 148A(d) of the Income Tax Act Anju Agarwal 3. Because the appellant had not maintained any books of account and there was no credit of Rs. 49,98,136, the provisions of section 68 of the Act have been wrongly and illegally been invoked by NFAC

SURESH CHANDRA SADH,NEW DELHI vs. CIRCLE 4(1)(1),, ALIGARH

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

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2016-17]

purchased/ got the allotment of shares in FPIL through preferential allotment which is one of the two methods of initially buying shares for later generation of bogus LTCG. The assessee has not explained the reasons for investing in this particular share. If it was the sound financials of the company - no evidences were produced. Moreover, this company getting amalgamated with

DEPUTY COMMISSIONER OF INCOME TAX, AGRA vs. RAJENDRA KUMAR AGARWAL, JHANSI

The appeal stand partly allowed in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.24/Agr/2023 (िनधा"रण वष" / Assessment Year: 2017-18) Dcit - Central Circle Rajendra Kumar Aggarwal Room No. 104, Ist Floor 219, Daru Bhondela, Jhansi बनाम/ Vs. Aaykar Bhawan, Sanjay Place 284002. Agra-282002. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abtpa-1493-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Anurag Sinha (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Sukesh Kumar Jain – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 10-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Kanpur [Cit(A)] Dated 14-11-2022 In The Matter Of An Assessment Framed By Ld. Dcit, Central Circle (Ao) U/S 143(3) R.W.S. 147 Of The Act On 31-03-2022. The Sole Grievance Of The Revenue Is Deletion Of Addition Of Rs.810 Lacs As Made By Ld. Ao In The Assessment Order.

reopened to verify the source of cash deposits during demonetization period. The assessee submitted that the cash deposits were sourced out of sale proceeds of business. The assessee made cash sales of Rs.118.78 Crores in this year. In support of source of cash deposits, the assessee, inter-alia, furnished month-wise cash sales for this year as well as cash

DEPUTY COMMISSIONER OF INCOME TAX, GWALIOR vs. DAIRYMAN PRODUCER COMPANY LIMITED, GWALIOR

The appeal stand dismissed

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

assessment order. Having heard rival submissions, the appeal is disposed-off as under. 2. The case for this year was reopened on the ground that the assessee made purchases of Rs.15.35 Crores from M/s Nandan Dairy Products which was termed as sham entity by the investigation wing. It was alleged that this entity indulged in carrying out bogus

INCOME TAX OFFICER- 4(1)(1) , ALIGARH vs. SANJAY SINGH, ALIGARH

The appeal stand dismissed

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.181/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) & 2. आयकरअपीलसं./ Ita No.182/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) Income-Tax Officer Shri Sanjay Singh 4(1)(1), Aligarh. S/O Sh. Yogendra Singh, बनाम/ V.S. Enterprises, Gali No.1, Vs. Tikonia Nagla Road Sangam Vihar, Aligarh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Gtrps-3169-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit/Dr सुनवाईकीतारीख/Date Of Hearing : 18-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of Separate Orders Of Learned First Appellate Authority. First, We Take Up Appeal Ita No.181/Agr/2023 Which Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 29- 09-2023 In The Matter Of An Assessment Framed By Ld. Ao U/S 144 R.W.S. 144B Of The Act Vide Order Dated 22-04-2021. At The Time Of Hearing, None Appeared For Assessee. Therefore, The Appeals Were Heard With The Able Assistance Of Ld. Cit-Dr Who Pleaded For Restoration Of Assessment Order. Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

reopened on the ground that the assessee made paper purchases from two entities which were involved in Input Tax Credit fraud / evasion. Based on investigation findings, Ld. AO rejected the submission of the assessee and proceeded to disallow the purchases of Rs.225.96 Lacs as made from these two entities. After deduction of 10% estimation as made in regular assessment order

INCOME TAX OFFICER, ALIGARH vs. SANJAY SINGH, ALIGARH

The appeal stand dismissed

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.181/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) & 2. आयकरअपीलसं./ Ita No.182/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) Income-Tax Officer Shri Sanjay Singh 4(1)(1), Aligarh. S/O Sh. Yogendra Singh, बनाम/ V.S. Enterprises, Gali No.1, Vs. Tikonia Nagla Road Sangam Vihar, Aligarh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Gtrps-3169-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit/Dr सुनवाईकीतारीख/Date Of Hearing : 18-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of Separate Orders Of Learned First Appellate Authority. First, We Take Up Appeal Ita No.181/Agr/2023 Which Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 29- 09-2023 In The Matter Of An Assessment Framed By Ld. Ao U/S 144 R.W.S. 144B Of The Act Vide Order Dated 22-04-2021. At The Time Of Hearing, None Appeared For Assessee. Therefore, The Appeals Were Heard With The Able Assistance Of Ld. Cit-Dr Who Pleaded For Restoration Of Assessment Order. Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

reopened on the ground that the assessee made paper purchases from two entities which were involved in Input Tax Credit fraud / evasion. Based on investigation findings, Ld. AO rejected the submission of the assessee and proceeded to disallow the purchases of Rs.225.96 Lacs as made from these two entities. After deduction of 10% estimation as made in regular assessment order