SHRI KHANDELWAL DIAMONDS PRIVATE LIMITED,JAIPUR vs. ACIT, CIRCLE 1, JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed

Bench: Him On The Reason Of Issuing Notice U/S 148 On Borrowed Satisfaction Of Another Wing Of The Department.

reopened on the basis of information that a search and seizure action under section 132 of the Act was carried out wherein it was revealed that appellant was one of the beneficiaries of receiving accommodation entries in form of bogus purchase and income had escaped assessment

GOYAL VEGOILS LIMITED ,KASAR ,KOTA vs. DCIT , CIRCLE -2, KOTA

In the result ground no. 2 & 3 raised by the assessee

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

bogus loans in its books from various Bhanwarlal Jain group of entities ......". These were material available even before the first order was passed because the first order was passed on 20th December 2016. Nowhere in the reasons for reopening, it is mentioned that these tangible materials were obtained or received much after the original assessment order was passed. Moreover

RAGHAV COMMODITIES,JAIPUR vs. ITO WARD 6(2), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

Bogus Purchases: Disallowance cannot be made solely on third party information without subjecting it to further scrutiny. The assessee has prima facie discharged the initial burden of substantiating the purchases through various documentation including purchase bills, transportation bills, confirmed copy of accounts and the fact of payment through cheques, & VAT Registration of the sellers & their Income Tax Return

BRAND INDIA REAL ESTATE PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER WARD 6(1), JAIPUR

In the result, appeal of the assessee is allowed

bogus shareholders, whose names are given to\nthe AO, then the Department is free to proceed to reopen their individual assessments in\naccordance with law. Therefore, we find no infirmity in the order of the learned CIT(A), with the\nimpugned judgment.'\nThe said decision of Hon'ble Supreme Court of India has been followed by the Tribunal, Delhi\nBench

SH. MUKUT BEHARI AGARWAL,JAIPUR vs. THE DCIT, CIRCLE 1, JAIPUR

In the result, the appeals of the assessee is allowed as indicated hereinabove

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

Bogus Purchases: Disallowance cannot be made solely on third party information without subjecting it to further scrutiny. The assessee has prima facie discharged the initial burden of substantiating the purchases through various documentation including purchase bills, transportation bills, confirmed copy of accounts and the fact of payment through cheques, & VAT Registration of the sellers & their Income Tax Return

SHRI KHANDELWAL DIAMONDS PRIVATE LIMITED,JAIPUR vs. DCIT, CIRCLE 1, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

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

reopened the assessments for the AY 2011-12, 2012-13 and 2013-14 and even after submitting all details such as copy of bills, confirmation, bank statement of the supplier, their ITR etc. the ld. AO made 12.50% addition on the amount of purchases from the concerns controlled by Bhanwar Lal Jain

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4, JAIPUR, JAIPUR vs. SUNDER DAS SONKIYA, JAIPUR

In the result, both appeals of the revenue are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reopening taken by the assessee. Therefore, the proceedings have rightly been initiated against the assessee. So far as merits of the issue is concerned. The ld. DR vehemently argued that the assessee is engaged inflating purchase for doing bogus purchase. So, assessee cannot be given clean cheat based modus operandi of purchases scam, unearth by the revenue and when

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

bogus sales or purchases on account of revenue account. As per\nthe record and the reasons recorded, no enquiries have been conducted by\nthe Assessing Officer to come to a conclusion or reasons to belief with\nregard to evasion of tax which has escaped assessment.\n10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in\nthe

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

bogus sales or purchases on account of revenue account. As per\nthe record and the reasons recorded, no enquiries have been conducted by\nthe Assessing Officer to come to a conclusion or reasons to belief with\nregard to evasion of tax which has escaped assessment.\n10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in\nthe

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

bogus sales or purchases on account of revenue account. As per\nthe record and the reasons recorded, no enquiries have been conducted by\nthe Assessing Officer to come to a conclusion or reasons to belief with\nregard to evasion of tax which has escaped assessment.\n10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in\nthe

GEMCO INTERNATIONAL,JAIPUR vs. INCOME TAX OFFICER WARD 2(1), JAIPUR

In the result, the appeal filed by the assessee stands partly allowed with no order as to cost

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

reopening of assessment and issue of notice u/s 148. 5. (a) The Id CIT(Appeals) erred in law and on facts in confirming the disallowance of Rs. 2,63,245/- being 25% of alleged non verified and bogus purchase

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reopened because of information received by the revenue that the assessee has taken bogus share application / premium from shell / dummy / paper companies and introduced his own unaccounted cash by routing it through a web of dubious companies and suspicious transactions. Ld. AO noted that the assessee has received an accommodation entry in the form of bogus share application/ premium from

AJAY BAKLIWAL,KOTA vs. ACIT, CENTRAL CIRCLE, KOTA, KOTA

bogus claim in the return filed. However, the question\nto be considered was whether the assessee could be the beneficiary of its own\nfraud or mistake and whether the Assessing Officer was prevented from correcting\nthe same under section 147. It was to be noted that the Explanation to section\n147(2) specifically provides that the excessive relief granted under

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

bogus sales or purchases on account of revenue account. As per\nthe record and the reasons recorded, no enquiries have been conducted by\nthe Assessing Officer to come to a conclusion or reasons to belief with\nregard to evasion of tax which has escaped assessment.\n10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in\nthe

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMSSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

bogus sales or purchases on account of revenue account. As per\nthe record and the reasons recorded, no enquiries have been conducted by\nthe Assessing Officer to come to a conclusion or reasons to belief with\nregard to evasion of tax which has escaped assessment.\n10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in\nthe

ACIT, NCR BUILDING, JAIPUR vs. HANS RAJ AGARWAL, VIDHYADHAR NAGAR JAIPUR

39. In view of the above discussion and findings, memorandum of cross objections No 1/JP/2025 filed by the assessee is allowed

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

purchase and sale of shares and capital gain/loss made therein and Assessing Officer after considering said details had conclusively taken a view on same, reassessment proceedings initiated under section 147 based on reconsideration of same material that was available at time of original proceedings would tantamount to change of opinion and thus would be liable to be set aside

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

reopened on the reason that the assessee has claimed bogus Long\nTerm Capital Gain of Rs.15,95,000/- and has not disclosed the capital gain earned\nand income escaped assessment. Whereas, the assessment order was passed taking\ninto account that the assessee has invested Rs.15,95,000/- in purchase

SMT. LAKSHMI AGARWAL ,JAIPUR vs. ITO, WARD-4(5), JAIPUR, JAIPUR

In the result, the appeal of the assessee is dismissed with no orders as to costs

Bench: recording satisfaction for issuance of notice since the information is specific. Thus the reasons recorded for re-opening is on borrowed satisfaction and not on any satisfaction by the AO. The

reopened assessment on ground that assessee had taken accommodation entries of bogus purchase bills from ‘GJ’, since AO had not recorded