D.C.I.T., CIRCLE- 1, DIBRUGARH vs. USHA BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE-1, DIBRUGARH vs. SHEETAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE-1, DIBRUGARH vs. PRAMOD KUMAR BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINAY BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINOD BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. BHAGWATI DEVII BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. MEENAKSHI BAMALWA SONI, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE-1, DIBRUGARH vs. RAVI BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. VISHAL BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d) read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand CO Nos. 6 to 21/GAU/2023 (in ITA Nos. 51 to 66/GAU/2023) Bamalwa & Sons, who have claimed such bogus long-term capital gains and the concerned Directors, the entry operators, the brokers. ACIT, Circle-1, Dibrugarh”. This letter

AMPLEX PROJECTS PRIVATE LIMITED,AGARTALA vs. DCIT/ACIT, CIRCLE SILCHAR, SILCHAR

In the result, appeal of the assessee is allowed in above terms

Bench: the Ld. CIT(A).

D E R PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER: This is an appeal filed by the assessee against the order passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”) by the Ld. Commissioner of Income Tax (Appeals), Ld. Commissioner of Income Tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi [hereafter “the Ld. CIT(A)] dated

ACCRECENT WAY MARKETING (P) LTD.,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

Bench: Shri Manomohan Das & Shri Rakesh Mishra

section 68 of the Act and held that the assessee had to establish the shareholders’ identity, genuineness of the transaction and the creditworthiness of the shareholders but except for furnishing a list of 31 companies and an individual, the assessee did I.T.A. No.: 358/GTY/2018 Assessment Year: 2010-11 Accrecent Way Marketing Private Limited. not furnish any evidence to prove

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, DIBRUGARH, DIBRUGARH vs. SANTOSH BAMALWA, DIBRUGARH

In the result, appeal of the revenue is dismissed and the cross- objection filed by the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 104/Gty/2023 Assessment Year: 2012-13 Assistant Commissioner Of Income Smt. Santosh Bamalwa Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 34/Gty/2023 Assessment Year: 2012-13 Smt. Santosh Bamalwa Assistant Commissioner Of Income Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate Revenue By : Shri Arun Bhowmick, Jcit, D/R सुनवाई क" तारीख/Date Of Hearing : 01/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 13/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Filed By The Revenue & The Cross-Objection Filed By The Assessee Are Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Central, North-East Region, Guwahati (Hereinafter The “Ld. Cit(A)”) Dt. 14/07/2023, Passed U/S

D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The present appeal filed by the revenue and the cross-objection filed by the assessee are directed against the order of the Learned Commissioner of Income Tax (Appeals), Central, North-East Region, Guwahati (hereinafter the “ld. CIT(A)”) dt. 14/07/2023, passed u/s I.T.A. No. 104/GTY/2023 Assessment Year

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

D E R Per Rajpal Yadav, Vice-President (KZ):- The assessee and Revenue are in cross appeals before the Tribunal against the order of ld. Commissioner of Income Tax (Appeals), Central, North-East Region, Guwahati dated 30.08.2022 passed for assessment year 2013-14. 2. Grounds of appeal taken by both the appellants read as under:- Grounds of appeal by assessee