SUNIL MODI ,JAIPUR vs. INCOME TAX OFFICER WARD 2(5), JAIPUR

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

Bench: Shri Gagan Goyal & Shri Narinder Kumar

bogus, is non-genuine is a sham transaction and that no actual purchases were made from both the parties. 2.2. That in law and in the facts and in circumstances of the case the Ld. Lower Authorities grossly erred in disallowing 25% of the aforesaid purchase of Rs. 1,01,64,537/- amounting

SUNIL MODI ,JAIPUR vs. INCOME TAX OFFICER WARD 2(5), JAIPUR

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

Bench: Shri Gagan Goyal & Shri Narinder Kumar

bogus, is non-genuine is a sham transaction and that no actual purchases were made from both the parties. 2.2. That in law and in the facts and in circumstances of the case the Ld. Lower Authorities grossly erred in disallowing 25% of the aforesaid purchase of Rs. 1,01,64,537/- amounting

SUNIL MODI,JAIPUR vs. INCOME TAX OFFICER WARD 2(5), JAIPUR

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

Bench: Shri Gagan Goyal & Shri Narinder Kumar

bogus, is non-genuine is a sham transaction and that no actual purchases were made from both the parties. 2.2. That in law and in the facts and in circumstances of the case the Ld. Lower Authorities grossly erred in disallowing 25% of the aforesaid purchase of Rs. 1,01,64,537/- amounting

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

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

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

rectification u/s 154 of the Act (though\nnot conceding) instead of invoking Section 263. In this regard kindly refer\nto the case of CIT vs. Amitabh Bachchan [2016] 286 CTR (SC) 113,\nwherein it is held that:\n“9. Under the Act different shades of power have been conferred on\ndifferent authorities to deal with orders of assessment passed

MOHAN SINGH,VIDHYADHAR NAGAR vs. INCOME TAX OFFICER, NCRB JAIPUR

In the result, the appeal of the assessee is allowed for statistical\npurpose

rectification\norder passed u/s 154 of the Act is an appealable order in itself, distinct from the\nimpugned assessment order under challenge in the present appeal. If the appellant has any\ngrievance against the same, he is free to file an appeal before the CIT (A) against that\nrectificationorder.\nAs such, the ground of appeal no. 3, being not related

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

purchases, amounting to Rs. 1,55,68,397/- was flagged on Insight portal for FY 2018-19 relevant to AY 2019-20 as per Risk Management Strategy of CBDT. 4.1 On the basis of above information, notice u/s 148A(b) was issued on 27.03.2023 and after considering the reply of the assessee, order u/s 148A(d) was passed

ANUSHA FINVEST PVT LTD ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1, JAIPUR

In the result, the appeal of the assessee is allowed

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

154 ITR 148 (SC), which emphasized the concept of substance over form. The modus operandi adopted by the assessee by acquiring Losses or acquiring Profits with tacit connivance with the Brokers through Client Code Modifications without paying any taxes or avoid declaring true Profits is nothing but a colourable device as cited by Hon'ble SC Judgment. "The taxing authority

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

bogus purchases. 7. That on the facts and in the circumstances of the case, the Ld. CIT (Appeals), was not justified and erred in law in not considering incentives amounting to Rs. 3,39,74,28,174/- granted to the appellant as capital receipt which are not exigible to tax while computing total income under normal provisions

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

bogus purchases. 7. That on the facts and in the circumstances of the case, the Ld. CIT (Appeals), was not justified and erred in law in not considering incentives amounting to Rs. 3,39,74,28,174/- granted to the appellant as capital receipt which are not exigible to tax while computing total income under normal provisions

SHREE DURGA JEWELLERS,JAWAHAR NAGAR JAIPUR vs. AO CIRCLE 4 JAIPUR, CR BUILDING JAIPUR

In the result, the appeal of the assessee is allowed

bogus and even 12\ncustomers whose documents were given by assessee to prove their identity, had\ndenied to have given their advances for purchase of gold from assessee It was\nfurther noted that assessee had no/negligible 'stock-in-trade' of gold as on 8-11-\n2016 and no orders were place on 8-11-2016 and 9-1-2016 after

PROFESSIONAL AUTOMOTIVES PRIVATE LIMITED,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील /ITA Nos.809 to 815/JP/2025 निर्धारण वर्ष /Assessment Years :2013-14 to 2019-20 Professional Automotives Pvt. बनाम ACIT, Ltd. Bahu Plaza, Bahu Plaza, Jammu Vs. Central Circle- 1, and Kashmir Jaipur स्थायी लेखा सं./जी.आई.आर. सं./PAN/GIR No.:AAACP9608E अपीलार्थी/Appellant प्र]त्यर्थी/Respondent निर्धारिती की ओर से / Assessee by :Shri Tarun Mittal, CA राजस्व की ओर से /Revenue by: Shri Ajey Malik, CIT (Th. V.C)

u/s 37(1) of the Act. It is important to note that the judgement in the case of Haji Aziz (supra) was rendered by the honourable Supreme Court in the year even when the impugned Explanation of Section 37(1) which provides for the deeming provisions for the disallowance - was not on the statute. The scope of disallowance

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

154 Taxman 220 (All) 1.10. SAHARA HOSPITALITY LTD. Vs CIT [2012] 211 Taxman 15 (Bom) Prayer:- In view of the above submissions and judicial precedents cited supra, the appellant humbly requests your honour to accept the appellant’s ground regarding invalid jurisdiction and not following proper procedure u/s. 127 of the Act. Assessment order passed by Ld. AO (ACIT, Ajmer

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

rectification pending against finalised assessments/reassessments would not abate. Therefore, the argument of the revenue, that on initiation of proceedings under Section 1534, the assessments/reassessments finalised for the assessment years covered under Section 153A of the Income-tax Act stand abated cannot be accepted. Similarly on annulment of assessment made under Section 153A (1) what stands revived is the pending assessment/reassessment

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

rectification pending against finalised assessments/reassessments would not abate. Therefore, the argument of the revenue, that on initiation of proceedings under Section 1534, the assessments/reassessments finalised for the assessment years covered under Section 153A of the Income-tax Act stand abated cannot be accepted. Similarly on annulment of assessment made under Section 153A (1) what stands revived is the pending assessment/reassessment

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

rectification pending against finalised assessments/reassessments would not abate. Therefore, the argument of the revenue, that on initiation of proceedings under Section 1534, the assessments/reassessments finalised for the assessment years covered under Section 153A of the Income-tax Act stand abated cannot be accepted. Similarly on annulment of assessment made under Section 153A (1) what stands revived is the pending assessment/reassessment