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

bogus purchase bills from\nthe above entry providers. In the list supplied by the DCIT, CC-4, Surat\nname of the assessee Shri Sunder Das Sonkia (Prop. M/s S. Naveen\nJewellers) also find place who had obtained purchase bills amounting to\nRs. 1,73,34,424/- from Mis Aadi Impex (Prop. Anoop Jain), M/s Arihant\n5\nITA No. 453/JP/2024\nDCIT

ALKA KHANDAKA,JAIPUR vs. INCOME TAX OFFICER WARD 1(2), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

bogus purchases, and non- existing cash balance in the books of account. The AO did not even reject the books of accounts of the appellant under the provision of section 145(3) of the Act. Therefore, the contention of the revenue on the facts and circumstance of the case is not accepted - Appeal of the revenue is dismissed. 18 Alka

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.

34 (SC)/[1999] 152 CTR 418 (SC)[17-12-1997] 55-56 [1999] 236ITR34 (SC) SUPREME COURT OF INDIA Raymond Woollen Mills Ltd. v. Income-tax Officer 57-116 [2022] 139 taxmann.com 352 (Calcutta) HIGH COURT OF CALCUTTA Principal 9. Commissioner of Income-tax v. SwatiBajaj 10 [1995] 82 TAXMAN 31 (CAL.) HIGH COURT OF CALCUTTA 117- Commissioner of Income

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)

section 132(4) of the I.T. Act and relevant part of the statement was extracted in the assessment order. Thus, based on the information received it is observed that the assessee Khandelwal Diamonds Private Limited is one of the beneficiaries and has obtained accommodation entries in the form of bogus purchases of Rs. 3,21,93,468/- from the concerns

M/S SILVEX & CO.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeal of the assessee is allowed

34,42,389/-) treating it as bogus purchases and further not justified in treating it as income of the assessee. Since the corresponding sales and profit thereon has been accepted by the AO as genuine therefore, in view of various judicial pronouncements on this issue, AO’s action in adding entire amount of Rs. 50,37,792/- cannot be sustained

INCOME TAX OFFICER WARD-1(1), JAIPUR vs. KIRAN INFRA ISPAT LIMITED, JAIPUR

Section 37(1) of the Income-tax Act, 1961 - Business expenditure -\nAllowability of (Bogus purchase) - Certain portion of purchases made by\nassessee was disallowed Commissioner (Appeals) found that entire\ndisallowance was based on third party information gathered by Investigation\nWing of Department, which had not been independently subjected to further\nverification by Assessing Officer and he had not provided copy

TIRUPATI COLLEGE OF TECHNICAL EDUCATION SOCIETY,JAIPUR vs. CIT(EXEMPTIONS), JAIPUR

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

purchase the land for Rs.46,80,000/- for which the assessee needs to kept cash in hand. The copy of agreement is hereby enclosed. (PB 31 to 34). At the time of agreement the assessee has paid only Rs.2,00,000/- in cash and balance amount was to be paid after the regularize and getting patta form

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

Section 69C of the Act. Your honour,\nAssessing Officer was required to bring on record any material/details to controvert the\nclaim of the Assessee and/or to challenge the veracity of the documents filed by the\nAssessee. The Revenue has failed to do so. Kindly see Ld. AO order page no. 8 wherein the\nld. AO confirmed that M/s IMPEX FERRO

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

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

purchase and sale of real estate and flats, it was held that the direction of the Tribunal to the AO to take 25% of the sale proceeds received in cash as assessee's income rather than making addition of entire amount of sale proceeds received in cash is sustainable. In such cases, not the entire receipt but only the profit

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

10. The AO assessed the finding that theassessee is indulged in bogus purchasing from M/s Atharv Business Pvt. Ltd, of Rs. 2,13,72,050/-, M/s Casper Enterprises Pvt. Ltd. of Rs. 2,83,18,907/- and from M/s Olive Overseas Pvt. Ltd, of Rs. 1,30,00,000/-, and not maintaining quality wise and quantity wise details of stocks

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

10. The AO assessed the finding that theassessee is indulged in bogus purchasing from M/s Atharv Business Pvt. Ltd, of Rs. 2,13,72,050/-, M/s Casper Enterprises Pvt. Ltd. of Rs. 2,83,18,907/- and from M/s Olive Overseas Pvt. Ltd, of Rs. 1,30,00,000/-, and not maintaining quality wise and quantity wise details of stocks

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

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

purchase and sale of real\nestate and flats, it was held that the direction of the Tribunal to the AO to take\n25% of the sale proceeds received in cash as assessee's income rather than\nmaking addition of entire amount of sale proceeds received in cash is\nsustainable. In such cases, not the entire receipt but only the profit

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)

bogus purchases as compared to G.P. on normal purchases In the present case also, since the ld. AO has examined the profit worked out on unaccounted purchases and has accepted such working prepared by assessee by observing that : “It is also submitted that assessee company has now offered the additional undisclosed income based on GP rate of its business activity

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

bogus / unverifiable purchases can be disallowed and accordingly respectfully following the decision of the Hon'ble ITAT, Jaipur in the case of Anuj Varshney & Others, it is held that the trading edition is to be restricted to 15% of purchases shown by the appellant for the year under consideration. Therefore, out of the trading addition

DURGA PRASAD SHARMA,JAIPUR vs. I.T.O. WARD 1(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

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

34 to 36 14. 14.10.2017 SVMS/2017-18/GST/1079 6,03,814 678 - 37 and 38 15. 17.10.2017 SVMS/2017-18/GST/1212 6,22,349 773 T20171000226274 39 to 42 Also weight slip 16. 23.10.2017 SVMS/2017-18/GST/1294 6,56,906 860 - 43 and 44 17. 26.10.2017 SVMS/2017-18/GST/1337 6,67,060 952 T20171000305405 47 to 48 Also weight slip Total purchases including GST @ 18% 1,05,06.669* * Purchase

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, INCOME TAX OFFICE vs. SHRI SURESH KUMAR GUPTA, SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

10 ITA No. 54 & 55/JP/2022 & CO No. 4 & 3/JP/2022 M/s N. M. Agrofood Products Pvt. Ltd. & Suresh Kumar Gupta regarding the existence and identity of M/s. Kalyani Suppliers Pvt. Ltd. In response, Shri Manoj Kumar stated that he had entered into sale-purchase of agro commodities with one Shri Roopchandji of Bikaner, and that this person Shri Roopchandji traded

DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, CENTRAL CIRCLE-3 vs. M/S N. M. AGROFOOD PRODUCTS PVT. LTD., SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

10 ITA No. 54 & 55/JP/2022 & CO No. 4 & 3/JP/2022 M/s N. M. Agrofood Products Pvt. Ltd. & Suresh Kumar Gupta regarding the existence and identity of M/s. Kalyani Suppliers Pvt. Ltd. In response, Shri Manoj Kumar stated that he had entered into sale-purchase of agro commodities with one Shri Roopchandji of Bikaner, and that this person Shri Roopchandji traded