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19 results for “bogus purchases”+ Section 234Cclear

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Key Topics

Section 6827Section 10(38)26Addition to Income18Section 250(6)13Capital Gains13Long Term Capital Gains13Exemption13Section 143(3)12Section 234B

GOPALSAMY,CHENNAI vs. CIT(A)-18, CHENNAI, CHENNAI

The appeals stands allowed in terms of our above order

ITA 1384/CHNY/2023[2015-16]Status: DisposedITAT Chennai31 Jul 2024AY 2015-16

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.1384/Chny/2023 (िनधा"रणवष" / Assessment Year: 2015-16) & 2. आयकरअपील सं./ Ita No.1385/Chny/2023 (िनधा"रणवष" / Assessment Year: 2017-18) & 3. आयकरअपील सं./ Ita No.1386/Chny/2023 (िनधा"रणवष" / Assessment Year: 2019-20) Shri Gopalsamy Vs. Acit No.3B, 3Rd Floor New No.27 Dc/Ac Central Cir 1(2) East Street, Krishna Apartments, Chennai Raghava Reddy Colony, Ashok Nagar, Chennai 600 083. [Pan: Bjtpg 4193H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri R. Subramanian, C.A., ""यथ" क" ओर से /Respondent By : Shri Nilay Baran Som, Irs, Cit. सुनवाई क" तार"ख/Date Of Hearing : 21.05.2024 घोषणा क" तार"ख /Date Of Pronouncement : 31.07.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri R. Subramanian, C.AFor Respondent: Shri Nilay Baran Som, IRS, CIT
Section 153CSection 253

sections 234A, 234B and 234C. 3. The Ld. AR advanced arguments on legal grounds as well as on merits with the help of documents as well as by relying upon various judicial decisions, the copies of which have been placed on record. It has been submitted that the additions have been made merely on the basis of statement and loose

6
Section 153C4
Section 2633
Section 43(5)3

SMT. SUDHA EASHWAR,,CHENNAI vs. ITO, NCW - 14 (3),, CHENNAI

In the result, the appeal filed by the assessee in ITA

ITA 2342/CHNY/2019[2014-15]Status: DisposedITAT Chennai02 Jan 2020AY 2014-15

Bench: Shri George Mathan & Shri Ramit Kocharआयकर अपील सं./Ita No.2342/Chny/2019 "नधा"रण वष" /Assessment Year: 2014-15 V. Smt. Sudha Eashwar, The Income Tax Officer No.23A, P.T.Rajan Salai, Non-Corporate Ward-14(3) K.K.Nagar, Chennai Chennai-600 078. [Pan: Alxps 0601 D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : None ""यथ" क" ओर से /Respondent By : Ms.Sumathi Venkatraman, Jcit सुनवाई क" तार"ख/Date Of Hearing : 09.10.2019 घोषणा क" तार"ख /Date Of Pronouncement : 02.01.2020 आदेश / O R D E R Per Ramit Kochar:

For Appellant: NoneFor Respondent: Ms.Sumathi Venkatraman
Section 143(3)

Bogus" or "sham" merely on suspicion or surmises by the AO. 8. The appellant submits that the recording of the statement from any person which is used as evidence in any proceedings under this act is not a conclusive proof of evidence by itself. The appellant has the right to cross-examine the person who has given this statement. This

SAMSON FOUNDATIONS,CHENNAI vs. ACIT NON CORPORATE CIRCLE 5(1), CHENNAI

In the result, the appeal of the assessee is allowed

ITA 2432/CHNY/2018[2015-16]Status: DisposedITAT Chennai30 Jan 2020AY 2015-16

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. G. Ramakrishnan, C.AFor Respondent: Shri.A.Sundararajan, Addl.CIT
Section 234BSection 43(5)Section 73

purchases and sale of shares after payment of SIT and Bank Statements which was acknowledged both by the Assessing Officer and by the Commissioner of Income Tax (Appeals) in their respective assessment order and appeal order also establishes the fact that the transactions does not fall under the ambit of Section 43(5) of The Income

GAYATHRI DEVI,CHENNAI vs. ITO NON CORPORATE WARD 9(3), CHENNAI

In the result all the appeals raised by the assessees in ITA

ITA 2175/CHNY/2018[2014-15]Status: DisposedITAT Chennai07 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Shri N. Vijay Kumar, CAFor Respondent: Shri B. Sagadevan, JCIT
Section 10(38)Section 143(3)Section 234BSection 250(6)Section 68

234C of the Act. 4. The brief facts of the case in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act, wherein the Ld.AO treated the purchase and sale of shares of M/s. Kailash Auto Finance Ltd., as sham transaction and thereby the claim of exemption U/s.10

VIJAY KUMAR MAHESWARI,CHENNAI vs. ITO NON CORPORATE WARD 9(4), CHENNAI

In the result all the appeals raised by the assessees in ITA

ITA 2177/CHNY/2018[2014-15]Status: DisposedITAT Chennai07 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Shri N. Vijay Kumar, CAFor Respondent: Shri B. Sagadevan, JCIT
Section 10(38)Section 143(3)Section 234BSection 250(6)Section 68

234C of the Act. 4. The brief facts of the case in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act, wherein the Ld.AO treated the purchase and sale of shares of M/s. Kailash Auto Finance Ltd., as sham transaction and thereby the claim of exemption U/s.10

VINAY KUMAR MAHESWARI,CHENNAI vs. ITO NON CORPORATE WARD 9(4), CHENNAI

In the result all the appeals raised by the assessees in ITA

ITA 2176/CHNY/2018[2014-15]Status: DisposedITAT Chennai07 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Shri N. Vijay Kumar, CAFor Respondent: Shri B. Sagadevan, JCIT
Section 10(38)Section 143(3)Section 234BSection 250(6)Section 68

234C of the Act. 4. The brief facts of the case in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act, wherein the Ld.AO treated the purchase and sale of shares of M/s. Kailash Auto Finance Ltd., as sham transaction and thereby the claim of exemption U/s.10

DAMODARAN & SONS,CHENNAI vs. ITO NON CORPORATE WARD 9(5), CHENNAI

In the result all the appeals raised by the assessees in ITA

ITA 2179/CHNY/2018[2014-15]Status: DisposedITAT Chennai07 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Shri N. Vijay Kumar, CAFor Respondent: Shri B. Sagadevan, JCIT
Section 10(38)Section 143(3)Section 234BSection 250(6)Section 68

234C of the Act. 4. The brief facts of the case in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act, wherein the Ld.AO treated the purchase and sale of shares of M/s. Kailash Auto Finance Ltd., as sham transaction and thereby the claim of exemption U/s.10

LAXMI DEVI MAHESWARI,CHENNAI vs. ITO NON CORPORATE WARD 9(1), CHENNAI

In the result all the appeals raised by the assessees in ITA

ITA 2178/CHNY/2018[2014-15]Status: DisposedITAT Chennai07 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

For Appellant: Shri N. Vijay Kumar, CAFor Respondent: Shri B. Sagadevan, JCIT
Section 10(38)Section 143(3)Section 234BSection 250(6)Section 68

234C of the Act. 4. The brief facts of the case in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act, wherein the Ld.AO treated the purchase and sale of shares of M/s. Kailash Auto Finance Ltd., as sham transaction and thereby the claim of exemption U/s.10

RAMKISHAN AGARWAL,CHENNAI vs. ACIT NON CORPORATE CIRCLE 10(1), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1416/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

MAMTA AGARWAL,CHENNAI vs. ITO NON CORPORATE WARD 10(3), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1414/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

PANKAJ KUMAR AGARWAL,CHENNAI vs. ITO NON CORPORATE WARD 10(1), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1420/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

SAMPATTI AGARWAL,CHENNAI vs. ITO NON CORPORATE WARD 10(3), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1418/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

R.K.AGARWAL & SONS (HUF),CHENNAI vs. ITO NON CORPORATE WARD 10(5), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1417/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

PANKAJ AGARWAL & SONS (HUF),CHENNAI vs. ITO NON CORPORATE WARD 10(3), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1413/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

RAJNISH AGARWAL & SONS (HUF),CHENNAI vs. ITO NON CORPORATE WARD 10(5), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1415/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

RAJNISH AGARWAL,CHENNAI vs. ITO NON CORPORATE WARD 10(1), CHENNAI

In the result the appeals of the assessees in ITA Nos

ITA 1419/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Dec 2018AY 2014-15

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

Section 10(38)Section 250(6)Section 68

234C of the Act. 3. The brief facts in all these appeals are that the assessees cases were selected for scrutiny and orders were passed U/s.143(3) of the Act on 29.12.2016, wherein the Ld.AO treated the purchase and sale of shares of M/s. SRK Industries Ltd., as sham transaction and thereby the claim of exemption U/s.10

KATHIRAVAN SRINIVASAN ,PERAMBALUR vs. DCIT,CIRCLE-1, TIRUCHIRAPALLI

In the result, the appeal filed by the assessee in ITA No

ITA 170/CHNY/2022[2010-11]Status: DisposedITAT Chennai23 Dec 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकरअपील सं./Ita Nos.: 170 & 171/Chny/2022 िनधा"रण वष" / Assessment Year: 2010-11 & आयकरअपील सं./Ita No.: 172/Chny/2022 िनधा"रण वष" / Assessment Year: 2011-12 Shri Kathiravan Srinivasan, Vs The Dcit, No.274C, Thuraiyur Road, Circle-1, 2Nd Perambalur – 621 212. Main Building, Floor, New No.44, Old No.4, Williams Road, Cantonment, Pan: Ajspk 6687Q Trichirapalli-620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Shri Darzakhum Songate, Cit सुनवाई क" तार"ख/Date Of Hearing : 18.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.12.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Three Appeals By The Assessee Are Arising Out Of Two Different Orders Of The Commissioner Of Income Tax (Appeals)-19, Chennai In Ita Nos.581 & 582/Chny/19-20 Dated 03.03.2022. The Assessments In Ita Nos.170 & 172/Chny/2022 Were Framed By The Jcit, Range 1, Trichy For The Assessment Years 2010-11 & 2011-12 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Orders Dated 31.03.2013 & 31.03.2014 Respectively. The Third Appeal In Ita No.171/Chny/2022 Is Against The Assessment Order Framed In Consequence To Revision Order Passed By Pcit U/S.263 Of The Act & Consequent Order Of The Ao For The Assessment Year 2010-11 U/S.143(3) R.W.S. 263 Of The Act Dated 12.03.2015 Passed By The Dcit, Circle-1, Trichy.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri Darzakhum Songate, CIT
Section 143(3)Section 263Section 68

bogus claim and it is the method adopted by the appellant to bring his own unaccounted cash into main stream. 5.10 In this background, the grounds raised by the appellant upon this issue are hereby dismissed and the addition made u/s.68 of Rs.1,98,00,000/- are sustained. Aggrieved, in both the years, the assessee came in appeal before

KATHIRAVAN SRINIVASAN ,PERAMBALUR vs. DCIT ,CIRCLE-1, TIRUCHIRAPALLI

In the result, the appeal filed by the assessee in ITA No

ITA 171/CHNY/2022[2010-11]Status: DisposedITAT Chennai23 Dec 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकरअपील सं./Ita Nos.: 170 & 171/Chny/2022 िनधा"रण वष" / Assessment Year: 2010-11 & आयकरअपील सं./Ita No.: 172/Chny/2022 िनधा"रण वष" / Assessment Year: 2011-12 Shri Kathiravan Srinivasan, Vs The Dcit, No.274C, Thuraiyur Road, Circle-1, 2Nd Perambalur – 621 212. Main Building, Floor, New No.44, Old No.4, Williams Road, Cantonment, Pan: Ajspk 6687Q Trichirapalli-620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Shri Darzakhum Songate, Cit सुनवाई क" तार"ख/Date Of Hearing : 18.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.12.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Three Appeals By The Assessee Are Arising Out Of Two Different Orders Of The Commissioner Of Income Tax (Appeals)-19, Chennai In Ita Nos.581 & 582/Chny/19-20 Dated 03.03.2022. The Assessments In Ita Nos.170 & 172/Chny/2022 Were Framed By The Jcit, Range 1, Trichy For The Assessment Years 2010-11 & 2011-12 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Orders Dated 31.03.2013 & 31.03.2014 Respectively. The Third Appeal In Ita No.171/Chny/2022 Is Against The Assessment Order Framed In Consequence To Revision Order Passed By Pcit U/S.263 Of The Act & Consequent Order Of The Ao For The Assessment Year 2010-11 U/S.143(3) R.W.S. 263 Of The Act Dated 12.03.2015 Passed By The Dcit, Circle-1, Trichy.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri Darzakhum Songate, CIT
Section 143(3)Section 263Section 68

bogus claim and it is the method adopted by the appellant to bring his own unaccounted cash into main stream. 5.10 In this background, the grounds raised by the appellant upon this issue are hereby dismissed and the addition made u/s.68 of Rs.1,98,00,000/- are sustained. Aggrieved, in both the years, the assessee came in appeal before

KATHIRAVAN SRINIVASAN ,PERAMBALUR vs. DCIT,CIRCLE -1, TIRUCHIRAPALLI

In the result, the appeal filed by the assessee in ITA No

ITA 172/CHNY/2022[2011-2012]Status: DisposedITAT Chennai23 Dec 2022AY 2011-2012

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकरअपील सं./Ita Nos.: 170 & 171/Chny/2022 िनधा"रण वष" / Assessment Year: 2010-11 & आयकरअपील सं./Ita No.: 172/Chny/2022 िनधा"रण वष" / Assessment Year: 2011-12 Shri Kathiravan Srinivasan, Vs The Dcit, No.274C, Thuraiyur Road, Circle-1, 2Nd Perambalur – 621 212. Main Building, Floor, New No.44, Old No.4, Williams Road, Cantonment, Pan: Ajspk 6687Q Trichirapalli-620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Shri Darzakhum Songate, Cit सुनवाई क" तार"ख/Date Of Hearing : 18.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.12.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Three Appeals By The Assessee Are Arising Out Of Two Different Orders Of The Commissioner Of Income Tax (Appeals)-19, Chennai In Ita Nos.581 & 582/Chny/19-20 Dated 03.03.2022. The Assessments In Ita Nos.170 & 172/Chny/2022 Were Framed By The Jcit, Range 1, Trichy For The Assessment Years 2010-11 & 2011-12 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Orders Dated 31.03.2013 & 31.03.2014 Respectively. The Third Appeal In Ita No.171/Chny/2022 Is Against The Assessment Order Framed In Consequence To Revision Order Passed By Pcit U/S.263 Of The Act & Consequent Order Of The Ao For The Assessment Year 2010-11 U/S.143(3) R.W.S. 263 Of The Act Dated 12.03.2015 Passed By The Dcit, Circle-1, Trichy.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri Darzakhum Songate, CIT
Section 143(3)Section 263Section 68

bogus claim and it is the method adopted by the appellant to bring his own unaccounted cash into main stream. 5.10 In this background, the grounds raised by the appellant upon this issue are hereby dismissed and the addition made u/s.68 of Rs.1,98,00,000/- are sustained. Aggrieved, in both the years, the assessee came in appeal before