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13 results for “bogus purchases”+ Section 131(1)clear

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Key Topics

Section 14814Section 143(3)12Section 14712Addition to Income12Section 1445Bogus Purchases5Section 1314Section 132(4)4Reopening of Assessment

MESERS SUPERTECH FORGINGS(INDIA) PVT.LTD.,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE IV, JALANDHAR

In the result, the appeal of the Assessee is allowed

ITA 563/ASR/2018[2010-11]Status: DisposedITAT Amritsar02 Aug 2021AY 2010-11
Section 143(3)Section 147

131 of the IT Act .on account of inability of the appellant to produce him for substantiating the claim of purchases made from that party. Shri Madan Lal Pahuja failed to attend the proceedings on account of his medical condition. The appellant has also failed to produce him even in the course of remand proceedings to substantiate its claim

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, AMRITSAR vs. M/S PUNJAB RICE LAND PRIVATE LIMITED, TARN TARAN

In the result, both the appeals of the revenue are dismissed and

ITA 45/ASR/2021[2014-15]Status: DisposedITAT Amritsar15 Nov 2022AY 2014-15

Dr. M. L. Meena & Sh. Anikesh Banerjee

4
Disallowance4
Natural Justice4
Section 2503
Bench:
For Appellant: Sh. Jatinder Nagpal, Adv. & Sh. Nimish Nagpal, CAFor Respondent: Sh. Rohit Mehra, CIT DR
Section 132(4)

131 of the IT Act, 1961 wherein he deposed that he has operated various bank accounts in the name of various bogus/ defunct firms to facilitate the modus operandi of bogus purchases. M/s Punjab Rice Land Pvt. Ltd. is one of the concern which has booked bogus purchases from the aforesaid two bogus firms amounting to Rs. 1

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, AMRITSAR vs. M/S PUNJAB RICE LAND PRIVATE LIMITED , TARN TARAN

In the result, both the appeals of the revenue are dismissed and

ITA 44/ASR/2021[2012-13]Status: DisposedITAT Amritsar15 Nov 2022AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Jatinder Nagpal, Adv. & Sh. Nimish Nagpal, CAFor Respondent: Sh. Rohit Mehra, CIT DR
Section 132(4)

131 of the IT Act, 1961 wherein he deposed that he has operated various bank accounts in the name of various bogus/ defunct firms to facilitate the modus operandi of bogus purchases. M/s Punjab Rice Land Pvt. Ltd. is one of the concern which has booked bogus purchases from the aforesaid two bogus firms amounting to Rs. 1

INCOME TAX OFFICER, WARD-1, FARIDKOT, BSNL BUILDING vs. M/S VOHRA SOLVEX PVT. LTD, SADIQ ROAD

In the result, C.O. filed by the assessee is allowed

ITA 588/ASR/2024[2014-15]Status: DisposedITAT Amritsar29 Apr 2025AY 2014-15

Bench: Sh. Udayan Dasgupta & Sh. Krinwant Sahay

For Appellant: Sh. Sudhir Sehgal, A.R
Section 143(3)Section 148Section 250(6)Section 69C

131- No enquiry in this regard was made and no evidence generally was made available by Assessing Officer-Whether since entire order of Assessing Officer was based merely on statement of Director of assessee without summoning or adducing additional/supplementary evidence of any other person corroborating allegation regarding bogus poyments made by assessee, Tribunal was justified in deleting impugned addition - Held

INCOME TAX OFFICER, WARD 2(2), JAMMU vs. SH. NEERAJ AGGARWAL , JAMMU

In the result, the Revenue’s appeal is allowed for statistical purposes

ITA 349/ASR/2017[2010-11]Status: DisposedITAT Amritsar06 Aug 2018AY 2010-11

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 349/(Asr)/2017 Assessment Year: 2010-11

For Appellant: Sh. Alok Kumar, CIT-DRFor Respondent: Sh. S. Krishnan (Adv.)
Section 143(2)Section 143(3)Section 144Section 145(3)Section 80

131, issued twice during assessment proceedings, the AO takes pains to clarify as to why the presence of the assessee (i.e., in person) was necessary (refer para 21.23(1), pgs. 28-29 of the assessment order). Why, it is even otherwise evident 12 ITO v. Neeraj Aggarwal that the answers to the various facts, some of which border on being

SH. VIKRAM JAIN,AMRITSAR. vs. THE DY. COMMISSIONER OF INCOME TAX, AMRITSAR.

In the result, the assessee’s appeal is allowed for statistical purposes on the terms afore-stated

ITA 336/ASR/2016[2010-11]Status: DisposedITAT Amritsar01 Jan 2019AY 2010-11

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 336/Asr/2016 Assessment Year: 2010-11

For Appellant: Sh. R. K. Magow (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(3)Section 144Section 145(3)

1) or accounting standards as notified under sub-section (2), have not been regularly followed by the assessee, the Assessing Officer may make an assessment in the manner provided in section 144.’ That does not, however, mean that an assessment, where section 145(3) is invoked or becomes applicable, is an assessment u/s. 144. As such, nothing of consequence turns

MEASAGE BHAI INDUSTRIES PRIVATE LIMITED,MOGA vs. INCOME TAX OFFICER WARD-1, MOGA

Appeal of the assessee is allowed

ITA 358/ASR/2019[2011-12]Status: DisposedITAT Amritsar11 Aug 2022AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Sudhir SehgalFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 143(1)Section 147Section 148Section 44A

bogus purchases. Reliance has been placed on the following judgments: I. Judgment of Hon’ble Apex Court in the case of PCIT vs. Tejua Rohit Kumar Kapadia in SLP No. 12670/2018 reported in 94 taxmann.com 325 (SC) copy placed at pages 303 of judgment set. II. Judgment of Piyush Developers Pvt. Ltd. vs. ACIT in ITA No. 5599/Del/2010 copy placed

M/S BLUE CITY TOWNSHIP & COLONIZERS,AMRITSAR. vs. THE INCOME TAX OFFICER,, AMRITSAR.

ITA 90/ASR/2017[2009-10]Status: DisposedITAT Amritsar14 Jul 2023AY 2009-10

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 147Section 148Section 151Section 234ASection 69

131(1) of 1 T Act that the then cashier of the Bank has given in writing that the above cash deposits were made by M/s Blue City Township &, Colonizers Pvt Ltd . Amritsar on 4-4-2008 in the Sundry/ GLA account No. 170560100. Accordingly, the AO rightly concluded that the amounts

YADAV RICE MILLS,MUKTSAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, BATHINDA, BATHINDA

In the result, the appeal filed by the assessee is allowed

ITA 415/ASR/2024[2012-13]Status: DisposedITAT Amritsar17 Sept 2025AY 2012-13

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Ashwani Kumar, Ms. Deepali Aggarwal
Section 131Section 143(1)Section 143(3)Section 147Section 148Section 151Section 250Section 68Section 69C

section 143(1), Assessing Officer could initiate reassessment proceedings subsequently on basis of information supplied by Investigation wing of department that assessee had taken bogus purchase entries from two parties. 6 I.T.A. No. 415/Asr/2024 Assessment Year: 2012-13 (ii) Backbone Projects Ltd. vs. ACIT [2021] 131

M/S HOLY FAITH INTERNATIONAL PVT. LTD,JALANDHAR vs. THE DY COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal of the assessee is allowed

ITA 181/ASR/2017[2008-09]Status: DisposedITAT Amritsar15 Jan 2019AY 2008-09

Bench: Sh. N. K. Saini, Hon’Ble & Sh. Ravish Soodita No.181/Asr./2017 : Asstt. Year : 2008-09 M/S Holy Faith International Vs Deputy Commissioner Of Income Tax, Pvt. Ltd., Mbd House, Central Circle-Ii, Railway Road, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Aaach6111J Assessee By : Sh. Sudhir Sehgal, Adv. Revenue By : Sh. Bhawani Shankar, Dr Date Of Hearing : 07.01.2019 Date Of Pronouncement : 15.01.2019 Order Per N. K. Saini: This Is An Appeal By The Assessee Against The Order Dated 20.03.2017 Of Ld. Cit(A)-I, Jalandhar. 2. Following Grounds Have Been Raised In This Appeal: “1. That The Worthy Commissioner Of Income Tax (A)-1, Jalandhar Has Erred In Dismissing The Appeal Filed By The Assessee. 2. That The Ld. Cit(A) Has Erred In Confirming The Contention Of The Assessing Officer In Reopening The Case U/S 148 Of The Income Tax Act And, Thus, Framing Of Assessment U/S 147 R.W.S.143(3)/153C At An Income Of Rs. 4,95,13,441/- Against The Returned Income Of Rs. 4,63,33,441/-. 3. That The Ld. Cit(A) Has Erred In Not Considering That There Was No Reason To Believe That The Income Of The

For Appellant: Sh. Sudhir Sehgal, AdvFor Respondent: Sh. Bhawani Shankar, DR
Section 131Section 132Section 147Section 148Section 153C

131 and, as such, no addition could be made without acceding to the request of the assessee. 7. That the Worthy CIT (A) in para 16 having agreed that the Assessing Officer did not provide any opportunity to the assessee to cross-examine Sh. Sanjay Chaudhary and still confirmed the addition, which is against the principles of natural justice

INCOME TAX OFFICER WARD-1 (1), JALANDHAR vs. SHRI ANIL KUMAR WASON, JALANDHAR

In the result, the appeal of the revenue bearing ITA No

ITA 164/ASR/2023[2014-15]Status: DisposedITAT Amritsar09 Nov 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No. 164/Asr/2023 Assessment Year: 2014-15

Section 143(2)Section 143(3)Section 250

131 of the Act and this non-appearance by Sh. Rakesh Kumar Sidana was considered sufficient by the AO to deem it as bogus and add the credit balance u/s 68 of the Act in the I.T.A. No.164/Asr/2023 18 Assessment Year: 2014-15 hands of the appellant. As stated above, these two creditors had submitted their confirmation with

SHRI DARPAN JAIN,JALANDHAR vs. INCOME TAX WARD - 1(1), JALANDHAR

In the result, the appeal filed by the assesse is allowed

ITA 577/ASR/2019[2011-12]Status: DisposedITAT Amritsar10 Oct 2022AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. J. S. Bhasin, AdvFor Respondent: Ms. Amanpreet Kaur, Sr. DR
Section 131Section 147Section 36Section 68

purchase of land. As far as availability of opening balance of capital account is concerned, the same gets absorbed in the investment in fixed assets. The assessee has not filed fund flow to show how interest free funds were advanced for non-business use. The assessee has incurred interest expenditure on loans raised for business purposes. In view

SH. YASH PAUL KHANNA PROP.,JALANDHAR vs. INCOME TAX OFFICER, JALANDHAR

In the result, the appeal filed by the assessee is allowed

ITA 211/ASR/2007[2001-02]Status: DisposedITAT Amritsar07 Oct 2025AY 2001-02

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Y. K. Sud, C.A
Section 143(3)Section 234Section 250(6)Section 263

section quoted by the AO is 143(3) dated 03.02.2006, we find from records that in this case the original assessment was framed on 23.02.2024, u/s 143(3) on a total income of Rs.1,35,690/- (as against return income of Rs.1,06,150/- ), which has been subsequently set aside by the ld. CIT, Jalandhar-II, by invoking his jurisdiction