M/S G.B. IMPEX ,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, both the appeals of the assessee are allowed

reopened the assessment while recording the reasons as under: “On the basis of information available on record it is gathered that during the year assessee has taken accommodation entry in the nature of bogus share application money/ bogus unsecured loan/ bogus sale and purchase

ITO WARD-7(2), JAIPUR, WARD-7(2), JAIPUR vs. M/S. SILVEX & COMPANY G-1/35 TO 37, 47, 48 EPIP, JEWELLERY ZONE, SITAPURA INDUSTRIAL AREA, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed and cross appeal of the Revenue is dismissed

bogus concerns of Bhanwar Lal Jain & Group." Thus it is clear that the reopening of the assessment is based on the information received and to assess the income in respect of the purchases

M/S. SILVEX & COMPANY INDIA LTD.,JAIPUR vs. ITO WARD-7(4), JAIPUR

In the result, the appeal of the assessee is allowed and cross appeal of the Revenue is dismissed

bogus concerns of Bhanwar Lal Jain & Group." Thus it is clear that the reopening of the assessment is based on the information received and to assess the income in respect of the purchases

INCOME TAX OFFICER, WARD-1, BEAWAR vs. SHRI MANOJ AMAR CHAND TAILOR, MASUDA BIJAINAGAR

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

assessed at Rs. 3,56,88,870 vide order dated 22.12.2016. Ground No. 2: Reopening u/s 147 1. Reopening made by Non-Jurisdictional Officer: 1.1. The assessee filed his Return of Income for the year under consideration on 24.08.2009, before ITO Ward 6(3), Surat [PB 1-2].The notice u/s 148, after recording reasons [PB 90] and after obtaining

SHRI MANOJ AMAR CHAND TAILOR,MASUDA BIJAINAGAR vs. INCOME TAX OFFICER, WARD-1, BEAWAR

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

assessed at Rs. 3,56,88,870 vide order dated 22.12.2016. Ground No. 2: Reopening u/s 147 1. Reopening made by Non-Jurisdictional Officer: 1.1. The assessee filed his Return of Income for the year under consideration on 24.08.2009, before ITO Ward 6(3), Surat [PB 1-2].The notice u/s 148, after recording reasons [PB 90] and after obtaining

TIJARIA POLYPIPES LIMITED,JAIPUR vs. DCIT CIRLCE 4, JAIPUR

purchased the gifts from\nK by paying cash including the premium. This letter constitutes relevant material\nfor the formation of the belief, not mere suspicion, that income chargeable to tax\nhas escaped assessment in the assessee's case.\n1. It is to be noted that the AO had material before him for formation of reasonable\nbelief of escapement which

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA vs. M/S SHIV VEGPRO PVT. LTD., KOTA

In the result, appeal of the revenue is dismissed

bogus concerns of Bhanwar Lal Jain & Group.” Thus it is clear that the reopening of the assessment is based on the information received and to assess the income in respect of the purchases

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)

bogus purchase bills. At the time of recording of the reasons the Assessing Officer apparently was not having any idea about the nature of the transactions entered into by the assessee. In the reasons recorded there is no mention about the nature of the transactions. As per provision of section 147 an assessment can be reopened

NARESH KUMAR ARORA,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR

In the result, the appeal of the assessee is allowed

reopening of assessment: 1. The appellant very humbly submits that pursuant to filing of ITR on 19.09.2013, notice u/s 143(2) was issued in the case. During the course of assessment all the documents called for by the AO were submitted. The details of all the exempted income claimed by the appellant, and in particular claimed exempt

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

reopened the assessment while recording the reasons as under: 8 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT “In this case, on the basis of information brought on record, it is noted that the assessee has taken accommodation entry of Rs. 57,60,222/- in the nature of bogus purchases

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

reopened the assessment while recording the reasons as under: 8 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT “In this case, on the basis of information brought on record, it is noted that the assessee has taken accommodation entry of Rs. 57,60,222/- in the nature of bogus purchases

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

reopened the assessment while recording the reasons as under: 8 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT “In this case, on the basis of information brought on record, it is noted that the assessee has taken accommodation entry of Rs. 57,60,222/- in the nature of bogus purchases

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

M/S SAFE INFRA PROJECTS PVT. LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-5-4, JAIPUR

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

reopening the assessment has placed reliance upon the record of the case. As noted hereinabove, there is no assertion as regards on what basis the Assessing Officer has stated that the assessee had made claim in respect of bogus purchases

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