RAVI KUMAR RAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2, JAIPUR

Appeals are allowed and impugned orders are set aside

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

bogus purchases. SHRI RAVI KUMAR RAWAT VS DCIT, CIRCLE-2, JAIPUR The ld. CIT(A) has estimated 15% of the profit on such purchases, accordingly given partial relief. In quantum appeal, the Tribunal have confirmed the order of the ld. CIT(A) upholding the addition @ 15%. The A.O. has also imposed penalty

JAJOO RASHMI REFRACTORIES LIMITED,JAIPUR, RAJASTHAN vs. DCIT, CIRCLE 4-JAIPUR,, JAIPUR, RAJASTHAN

In the result, the appeal of the assessee is allowed for\nstatistical purposes

bogus purchase is treated as\nunexplained expenditure u/s 69C and is proposed and added to the total income of\nthe assesee for the year under consideration and for this addition, tax is being\ncharged u/s 115BBE of the Act. Penalty

SHRI PREM INDUSTRIES,BHARATPUR vs. INCOME TAX OFFICER WARD-1, BHARATPUR

The appeal is disposed of, and the matter is remanded to

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

bogus parties and the assessee when confronted by the GST authorities, paid the corresponding GST. Therefore the facts of the present case are entirely different than the case relied upon by the assessee. Moreover, the assessee did not provide either confirmed copy of accounts or ITR of the other parties from whom goods were purported to have been purchased. Moreover

K L TAMBI AND CO,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2,, JAIPUR

27. As a result, the appeal is partly allowed, and addition of 20% of bogus or purchases from unverifiable persons or entities is upheld as regards AY 2005-06

Bench: This Appellate Tribunal

bogus parties and the goods are deemed to have been procured from some other unknown party, and further that in such a case 25% of such purchase is to be disallowed on account of inflation of purchase and saving tax, duties, compliance costs etc. In this manner, ld. CIT(A) upheld the assessment order dated 08.12.2018. Hence, this appeal before

VIJAY KEDIA (HUF),JAIPUR vs. ACIT, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1266/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 M/S Vijay Kedia, Cuke A.C.I.T., 1307, Gopal Ji Ka Rasta, Johari Vs. Central Circle-1, Bazar, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aabhv 6449 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.R. Sharma (Ca)& Shri R.K. Bhatra (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 19/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/07/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 1, Jaipur Dated 02/09/2019 For The A.Y. 2008-09, Wherein Following Grounds Have Been Taken. “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Wrong, Unjust & Has Erred In Law In Not Accepting Plea Of The Appellant That The Notice Issued By The Assessing Officer U/S 271(1)(C) Of The I.T. Act, 1961 Is Wrong & Bad In Law Inasmuch As It Did Not Specify In Which Limb Of Sec. 271(1)(C) Of The Income Tax Act, 1961 The Penalty Proceedings Has Been Initiated I.E. Whether For Concealment Of Income Or Furnishing Of Inaccurate Particulars Of Income.

bogus purchase but the purchases are held unverifiable as much as 85% of very same purchases has been allowed. It is the case where purchases are not doubted but bills of purchases were held unverifiable because of non-verification thereof from sellers. The addition has been made as trading addition by invoking section 145 (3). Further as stated above

SHIVAM READYMIX PRIVATE LIMITED,NEEMUCH vs. THE PCIT(CENTRAL), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Penalty proceedings u/s 271(1)© of the Act is hereby initiated for concealed the particulars of income.” It is submitted that the ld.AO passed assessment order u/s 153A after obtaining prior approval u/s 153D of the Income Tax Act, 1961 of the Joint Commissioner of Income Tax, Central Range, Jaipur vide her office letter No. Jt. CIT/Central Range/JPR/2020-21/679 dated

FINESSE JEWELS PRIVATE LIMITED ,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME, CIRCLE 1, JPR, JAIPUR

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

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalfinesse Jewels Private Limited, A-467 Jaipur, Vidhyut Nagar, Jaipur, Ajmer Road- 302 021. Pan No.: Aabcf 4438R ..... Appellant Vs. Dcit, Circle-1, Jaipur – 302 021. ..... Respondent

penalty) preferred the present appeal before us. 4. We have gone through the order of the AO, order of the Ld. CIT (A) and submissions of the assessee alongwith grounds taken before us. It is observed that amount of alleged bogus purchase

ACIT, CENTRAL CIRCLE-3, JAIPUR vs. M/S. LAKHI GEMS, JAIPUR

In the result, ground of appeal taken by the Revenue as well as that of the assessee is hereby dismissed

bogus purchases of Rs. 46,80,799/- amounting to Rs. 7,02,120/- is being made to the total income of the assessee which represents income from unverifiable sources. Penalty

SHRI JAI HIND AGARWAL,JAIPUR vs. ITO, WD-5(4), JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.” 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

bogus purchases @ 25% on total purchase of Rs. 44,50,581/- and addition of Rs. 32,38,590/- u/s 41(1) of the Act on account of cessation of liability of trade creditors. Thereafter, the A.O. initiated penalty

NRI-BUILDTECH (INDIA) PRIVATE LIMITED,BHIWADI vs. PCIT JAIPUR-1, JAIPUR

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

Bench: Dr. S. Seethalakshmi, Jm & Dr. Dipak P. Ripote, Am Vk;Dj Vihy La-@Ita No. 724/Jpr/2024 Fu/Kzkj.K O"Kz@Assessment Year : 2018-19 Nri-Buildtech (India) Private Limited Cuke The Pcit Vs. Main Road Chopanki, Near Power Jaipur-1, Jaipur. House, Vill- Bilahedi, Bhilwadi, Alwar. Lfkk;Hys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aaecn3080A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@Assesseeby : None Jktlo Dh Vksj Ls@Revenue By : Shri Ajay Malik (Cit) Lquokbz Dh Rkjh[K@Date Of Hearing : 22/07/2024 Mn?Kks"K.Kk Dh Rkjh[K@Date Of Pronouncement: 24/09/2024

bogus purchases or unexplained purchases), this addition should have been made u/s 69C whereon tax needs to be charged at special rates as per provisions of section 115BBE. The AO in this case has made addition under regular head resulting in under charging of Tax as the regular addition made is charged at the rate of 30% plus surcharge

PANKAJ KUMAR MITTAL,DHOLPUR vs. INCOME TAX OFFICER WARD 4 BHARATPUR, BHARATPUR

In the result, stands allowed

bogus purchases of amounting to Rs.26,76,210/-from the\ntwo entities Madan Lal Madho Prasad and M/sKalki Trading Company\namounting to Rs.15,51,210/- and Rs.11,25,000/- respectively.\nThe Humble appellant has filed his original return U/s 44AD showing his income\nas per\nprovisonsofIncomeTaxAct1961onDt29/08/2018andin\nresponseofNotice\nU/s 148 Return again filed U/s 44AD on Dt 29/04/2022\nThe Learned

DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR vs. BHARAT SPUN PIPE AND CONSTRUCTION COMPANY, JAIPUR

In the result the appeal of the revenue in ITA no

purchases and assessee firm is one\nof the beneficiaries who has carried out bogus transaction of Rs.6,46,31,000/-\nwith M/s DRAIPL during the year under consideration which is liable to be added\nto the total income of the assessee and alleging that the same has not included in\nthe total income declared in income tax return and consequently

LUNAWAT GEMS CORPORATION,JAIPUR vs. DY. CIT, CIRCLE-2, JAIPUR , JAIPUR

29. In view of the above discussion, the appeal filed by the assessee deserves to be dismissed

Bench: this Tribunal by way of ITSSA No. 13 & 14/JP/2003. The assessee filed cross-objections i.e. CO No. 20/JP/2003 and CO No. 21/JP/2003. Hon'ble ITAT Tribunal upheld the decision given by Learned CIT(A) regarding deletion of above said two additions. That is how, the Department felt dis-satisfied, and as such preferred D.B. Income Tax Appeal No. 195/2004 before the Hon'ble High Court. 7. Hon'ble High Court, vide order dated 02.11.2016, disposed of the

penalty proceedings u/s 158BFA(2) separately, in view of the finding that the undisclosed income determined as above, was far in excess of the undisclosed income declared by the assessee in the block return. 4. It may be mentioned here that earlier vide order dated 27.05.2002 the Learned Assessing Officer had completed assessment u/s 158BF read with 3 Lunawat Gems

VISION JEWELLERS,JAIPUR vs. DCIT, CIRCLE-1, JAIPUR, JAIPUR

In the result the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

bogus purchases of Rs.17,57,750/- and also made addition on account of commission of Rs.3,516/-. It is also noteworthy to mention that on appeal by the assessee before the ld. CIT(A) who confirmed the additions made by the AO. Subsequently, the AO passed penalty

PEEYUSH AGARWAL,JAIPUR, RAJASTHAN vs. ITO, WARD 1(5), JAIPUR, JAIPUR, RAJASTHAN

In the result Ground and 1 and 2 raised by the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

bogus which shall be reduced from sales shown by the appellant for the year. Closing Stock 5,25,60,282.42 5,25,60,282.42 CIT(A) made no findings for closing stock which means he has accepted stock . Total Credit side 26,95,43,458.98 20,18,84,458.98 Trading Account Debit side Opening stock

BIRENDRA SINGH NIRBHAY,SIRSI ROAD JAIPUR RAJASTHAN vs. ITO WARD 3(1) JAIPUR, NCRB INCOME TAX DEPARTMENT STATUE CIRCLE JAIPUR RAJASTHAN

In the result, the appeal of the assessee is allowed

bogus LTCG entries and convert\nunaccounted cash into tax-exempt income.\n5. Examination of Transaction Details:\n22\nITA NO.704/JPR/2024\nSHRI BIRENDRA SINGH NIRBHAY VS ITO, WARD 3(1), JAIPUR\ni.\nThe assessee provided details of the share sale, showing that all exempt\nLTCG proceeds were derived from a single script.\nii.\nThe provided purchase and sale details reflect a lack

SAKET AGARWAL,JAIPUR vs. ITO WARD 2(3) JAIPUR, JAIPUR

In the result appeal filed by the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

penalty is premature and liable to be dismissed. This second ground of appeal is dismissed. 6.2. The third ground of appeal is general in nature. Therefore, it needs no separate adjudication. 7.0. The appeal of the appellant is dismissed.” 5. As the appeal of the assessee dismissed by the ld. CIT(A) the assessee preferred the present appeal before

KALINDEE ESTATES PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER , JAIPUR

purchases as well in the guise of loan to various other\ncompanies. It has also been gathered that during F.Y. 2009-10, LMJ Group\nof Companies had transferred fund to the tune of Rs. 108,67,95,000/- to the\naccount of Satyatej Vyappar Pvt Ltd., a paper company, in the form of\nBogus Expenses through bogus billing. Such bogus