BABITA JAIN,AMBALA CITY vs. INCOME TAX OFFICER ,WARD -1 AMBALA, AMBALA CANTT

In the result, appeal of the assessee is allowed as and by way of remand back to the file of Ld

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

deposit during the period of demonetization since books of accounts are not rejected the order of Ld. CIT(A) who has since sustained the finding of Ld. AO should be set aside. The amount of Rs. 48,70,000/- was cash in hand on 08/11/2016 i.e; “accumulated sales” i.e; Name of parties, their PAN number, etc are not disclosed

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

purchases made from lender have been filed at APB 313. It has also been stated that apart from the loans taken from Fertichem Cotspin Ltd., too the assessee had also entered into the trading transactions and that for that also, the assessee had ITA 146,147 & 148/CHD/2021 A.Y. 2011-12, 2015-16 & 2016-17 73 maintained a separate trading account

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

purchases made from lender have been filed at APB 313. It has also been stated that apart from the loans taken from Fertichem Cotspin Ltd., too the assessee had also entered into the trading transactions and that for that also, the assessee had ITA 146,147 & 148/CHD/2021 A.Y. 2011-12, 2015-16 & 2016-17 73 maintained a separate trading account

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

purchases made from lender have been filed at APB 313. It has also been stated that apart from the loans taken from Fertichem Cotspin Ltd., too the assessee had also entered into the trading transactions and that for that also, the assessee had ITA 146,147 & 148/CHD/2021 A.Y. 2011-12, 2015-16 & 2016-17 73 maintained a separate trading account

SANDEEP KUMAR SANSERWAL,YAMUNANAGAR vs. ITO WARD-4, YAMUNAGAR

In the result, the addition so made is hereby directed to be deleted

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

purchaser for verification and therefore the said deposit in the garb of cash sales was unexplained cash and such submission of the assessee was concocted. The AO also pointed out that the assessee admitted of not depositing cash in bank account during demonetization period from agricultural income. The AO thereafter held that the cash deposits during demonetization were made

GAURAV GOEL,CHANDIGARH vs. ITO, WARD 4(3), CHANDIGARH

In the result, the appeal of the assessee stands allowed

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 132/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18 Gaurav Goel, Vs. The Ito, बनाम H. No. 1676, Sector 33-D, Ward 4(3), Chandigarh Chandigarh "थायी लेखा सं./Pan No: Ahgpg3162Q अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Jaspal Sharma, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 17.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 24.02.2025 आदेश/Order Per Paresh M. Joshi, Jm :

deposits in the bank account were made out of cash sales. The assessee has duly furnished the relevant documents including stock register, cash book, bank account statements, quantity-wise trading accounts, VAT returns, month-wise sales and cash receipts and party-wise purchases summary etc. The books of account of the assessee in this case have not been rejected

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA, LUDHIANA vs. OM SONS MARKETING PRIVATE LIMITED, QUILA CHOWK

The appeal of the assessee stand allowed whereas the revenue’s appeal stand dismissed accordingly

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.48/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Malbros International Pvt. Ltd. Dcit बनाम/ Village Mansoorwal Central Circle-2 Tehsil Zira Head Office Ludhiana Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.463/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit M/S Malbros International Pvt. Ltd. बनाम/ Central Circle-2 Village Mansoorwal Ludhiana Tehsil Zira Head Office Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.49/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Om Sons Marketing Pvt. Ltd. Dcit बनाम/ Quila Chowk, Old Cantt Road, Centre Circle-2 Vs. Faridkot, Punjab-151203 Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8962-E (अपीलाथ"/Appellant) : (""थ" / Respondent) & 4. आयकर अपील सं. / Ita No.193/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23)

bogus purchases of Rs.103.79 Crores and made addition of Rs.12.45 Crores. Addition of Unexplained Expenditure u/s 69C 2.7 The tally data indicated that the assessee generated cash receipts form sale of by-products, scrap sales etc. which aggregated to Rs.922.26 Lacs. Against these receipts, the assessee made payment of Rs.940.75 11 Lacs which was held to be unexplained expenditure

OM SONS MARKETING PRIVATE LIMITED,FARIDKOT vs. DCIT, CENTRE CIRCLE-2, , LUDHIANA

The appeal of the assessee stand allowed whereas the revenue’s appeal stand dismissed accordingly

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.48/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Malbros International Pvt. Ltd. Dcit बनाम/ Village Mansoorwal Central Circle-2 Tehsil Zira Head Office Ludhiana Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.463/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit M/S Malbros International Pvt. Ltd. बनाम/ Central Circle-2 Village Mansoorwal Ludhiana Tehsil Zira Head Office Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.49/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Om Sons Marketing Pvt. Ltd. Dcit बनाम/ Quila Chowk, Old Cantt Road, Centre Circle-2 Vs. Faridkot, Punjab-151203 Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8962-E (अपीलाथ"/Appellant) : (""थ" / Respondent) & 4. आयकर अपील सं. / Ita No.193/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23)

bogus purchases of Rs.103.79 Crores and made addition of Rs.12.45 Crores. Addition of Unexplained Expenditure u/s 69C 2.7 The tally data indicated that the assessee generated cash receipts form sale of by-products, scrap sales etc. which aggregated to Rs.922.26 Lacs. Against these receipts, the assessee made payment of Rs.940.75 11 Lacs which was held to be unexplained expenditure

MALBROS INTERNATIONAL PVT LTD, VILLAGE MANSOORWAL, TEHSIL ZIRA HEAD OFFICE, OLD CANTT ROAD, FARIDKOT,FARIDKOT vs. DCIT, CENTRAL CIRCLE-2, , LUDHIANA

The appeal of the assessee stand allowed whereas the revenue’s appeal stand dismissed accordingly

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.48/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Malbros International Pvt. Ltd. Dcit बनाम/ Village Mansoorwal Central Circle-2 Tehsil Zira Head Office Ludhiana Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.463/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit M/S Malbros International Pvt. Ltd. बनाम/ Central Circle-2 Village Mansoorwal Ludhiana Tehsil Zira Head Office Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.49/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Om Sons Marketing Pvt. Ltd. Dcit बनाम/ Quila Chowk, Old Cantt Road, Centre Circle-2 Vs. Faridkot, Punjab-151203 Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8962-E (अपीलाथ"/Appellant) : (""थ" / Respondent) & 4. आयकर अपील सं. / Ita No.193/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23)

bogus purchases of Rs.103.79 Crores and made addition of Rs.12.45 Crores. Addition of Unexplained Expenditure u/s 69C 2.7 The tally data indicated that the assessee generated cash receipts form sale of by-products, scrap sales etc. which aggregated to Rs.922.26 Lacs. Against these receipts, the assessee made payment of Rs.940.75 11 Lacs which was held to be unexplained expenditure

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, TEHSIL ZIRA, FARIDKOT -151203, LUDHIANA

The appeal of the assessee stand allowed whereas the revenue’s appeal stand dismissed accordingly

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.48/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Malbros International Pvt. Ltd. Dcit बनाम/ Village Mansoorwal Central Circle-2 Tehsil Zira Head Office Ludhiana Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.463/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit M/S Malbros International Pvt. Ltd. बनाम/ Central Circle-2 Village Mansoorwal Ludhiana Tehsil Zira Head Office Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.49/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Om Sons Marketing Pvt. Ltd. Dcit बनाम/ Quila Chowk, Old Cantt Road, Centre Circle-2 Vs. Faridkot, Punjab-151203 Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8962-E (अपीलाथ"/Appellant) : (""थ" / Respondent) & 4. आयकर अपील सं. / Ita No.193/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23)

bogus purchases of Rs.103.79 Crores and made addition of Rs.12.45 Crores. Addition of Unexplained Expenditure u/s 69C 2.7 The tally data indicated that the assessee generated cash receipts form sale of by-products, scrap sales etc. which aggregated to Rs.922.26 Lacs. Against these receipts, the assessee made payment of Rs.940.75 11 Lacs which was held to be unexplained expenditure

SWARN GANGA JEWELLERS,CHANDIGARH vs. DCIT, CIRCLE 4(1) NOW DCIT, CIRCLE 1(1), CHANDIGARH

In the result, the appeal of the assessee stands allowed

Bench: This Tribunal Being Aggrieved By An Order No. Itba/Nfac/S/250/2022-23/1045180258(1) For A.Y. 2017-18 Dt. 05/09/2022 Which Is Hereinafter Referred To As The “Impugned Order”. The Impugned Order Is Passed By Cit(A) In Terms Of Section 250 Of The Income Tax Act, 1961. Factual Matrix 2. That Survey U/S 133A Of The Income Tax Act, 1961 Was Conducted On The Business Premises Of The Assessee On 06/09/2016. The Assessee Surrendered A Sum Of Rs. 50,00,000/- During The Survey & Paid Tax Thereon. The Return Of Income Was Filed On 01/11/2017 Declaring A Total Income Of Rs. 89,48,260/-. Thereafter The Case Of The Assessee Was Selected For Scrutiny Under Compulsory Scrutiny Guidelines & Notice Under Section 143(2) Of The Act Was Issued On 11/09/2018. The Assessment Was Finalised Vide Order Dt. 23/12/2019 Whereby Addition Of Rs. 95,70,882/- Was Made U/S 68 R.W..S 115Bbe Of The Act.

deposits in the bank account were made out of cash sales. The assessee has duly furnished the relevant documents including stock register, cash book, bank account statements, quantity-wise trading accounts, VAT returns, month-wise sales and cash receipts and party-wise purchases summary etc. The books of account of the assessee in this case have not been rejected

DCIT, CIRCLE-1(1), CHANDIGARH vs. M/S MOOL JI DIAMONDS, CHANDIGARH

In the result, appeal of the Revenue is dismissed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

bogus. Therefore, we agree with the contention of the Ld. AR that where the cash sales duly offered to tax have been accepted, bringing the realization of sale proceeds in cash to tax will amount to double taxation and the same is clearly unsustainable in law and cannot be upheld. In view of the same, we find the explanation

SHER SINGH,PALAMPUR vs. INCOME TAX OFFICER, PALAMPUR

In the result, appeal of the Assessee is allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

bogus as by and large the cash amounts are deliberately shown below Rs. 20,000/- and that same are fabricated to cover up and offer an explanation on source of cash amount. In fact assessee has miserably failed to show genuine debtor’s and no person in trade signs on ledger account in manner as is shown in the present

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, FARIDKOT

In the result, both the appeals and the Cross Objections are dismissed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Years: 2017-18, 2016-17 The Dcit, Vs Malbros International Pvt. Ltd., Central Circle-2, Village – Mansoorwal, Teh-Zira, Ludhiana. Head Offices Old Cantt. Road, Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent & C.O. Nos. 46 & 45/Chd/2024 In आयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18, 2016-17 Malbros International Pvt. Ltd., The Dcit, Village – Mansoorwal, Teh-Zira, Vs Central Circle-2, Head Offices Old Cantt. Road, Ludhiana. Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 14.05.2025 Date Of Pronouncement : 25.06.2025

cash by issuing cheques against bogus capital expenses debited in accounts of assessee-company - Accordingly, he made an addition on account of bogus purchases which was confirmed by Commissioner (Appeals) - However, Tribunal had held that capitalization could not be denied to assessee merely on a statement given by director of assessee, without adducing evidence of other necessary parties

WINDLAS JEWELLERS,AMBALA, HARYANA vs. INCOME TAX OFFICER, WARD-2, AMBALA, AMBALA, HARYANA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

deposits in the bank account were made out of cash sales. The assessee has duly furnished the relevant documents including stock register, cash book, bank account statements, quantity-wise trading accounts, VAT returns, month-wise sales and cash receipts and party-wise purchases summary etc. The books of account of the assessee in this case have not been rejected

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUDHIANA vs. MALBROS INTERNATIONAL PVT LTD, FARIDKOT

In the result, both the appeals and the Cross Objections\nare dismissed

cash by issuing cheques against bogus\ncapital expenses debited in accounts of assessee-company - Accordingly, he made\nan addition on account of bogus purchases which was confirmed by Commissioner\n(Appeals) - However, Tribunal had held that capitalization could not be denied to\nassessee merely on a statement given by director of assessee, without adducing\nevidence of other necessary parties

INCOME TAX OFFICER, WARD-2(1), CHANDIGARH, CHANDIGARH vs. ATMA RAM JEWELLERS, CHANDIGARH

In the result, appeal of the Revenue is dismissed

cash deposited was on account of\nsale of jewellary. Appellant is pleading that the AO has made the addition only\non suspicion hypothetical imagination, presumption and assumptions.\nAppellant contends that the sale invoices are supported by documentary\nrecords. The AO has accepted the purchases and stock of the appellant. It is\nnoted that the AO has not pointed

ITO, WARD-2(1), LUDHIANA vs. SH. KAPIL AGGARWAL, LUDHIANA

In the result, Revenue’s appeal is dismissed

Bench: Shri Rajpal Yadav, Vp & Shri. Krinwant Sahay, Am आयकर अपील सं./ Ita No. 365/Chd/ 2023 िनधा"रण वष" / Assessment Year : 2017-18 The Ito, बनाम Shri Kapil Aggarwal Ward-2(1), Prop. Hardik Ludhiana Corporation, Lgf-66 City Palace, Chauri Sarak, Ludhiana 141001 "ायी लेखा सं./Pan No: Acypk9080G अपीलाथ"/Appellant ""थ"/Respondent ( Physical Hearing )

purchase and sale register for different periods of the year, the stand of the assessee right, from the beginning viz-z-viz starting from enquires made by the ITO (Intelligence) has been the same. There is no bar in making cash sales as per decided on this issue. Case laws of the Chandigarh Bench of the ITAT in the case

FASHION ZONE,LUDHIANA vs. JCIT, WARD III(2), LUDHIANA

In the result, the appeal of the assessee is allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

purchases and closing stock. The sales have been doubted only on the basis of assumptions, surmises and conjectures that the Assessee has increased cash sales for the year under consideration. It was submitted that the assessee relies on the various authorities on the subject that no addition can be made u/sec 68 of the Act on account of recorded sales