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

section 131 of IT Act was issued to Sh Gautam Bhanwar lal Jain, Mumbai and Sh. Gyan Chand Bhanwar Lal Jain, Thane on 28.11.2016 for 05,12.2016, But none attended in response to summon u/s 131 nor filed any written submission. So, assessee failed to produce the parties. The AR of the assessee has submitted reply dated

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

section 131 of IT Act was issued to Sh Gautam Bhanwar lal Jain, Mumbai and Sh. Gyan Chand Bhanwar Lal Jain, Thane on 28.11.2016 for 05,12.2016, But none attended in response to summon u/s 131 nor filed any written submission. So, assessee failed to produce the parties. The AR of the assessee has submitted reply dated

DINESH HALDIA,JAIPUR vs. DCIT CIRCLE 1, JAIPUR, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

Sections 68 and 69C of the Income Tax Act. The entire purchases shown on the basis of fictitious invoices have been debited in the trading account since the transaction has been found to be bogus. The Tribunal having once come to a categorical finding that the amount of Rs. 2,92,93,288/-represented alleged purchases from bogus suppliers

M/S CLARITY GOLD P. LTD, JAIPUR,JAIPUR vs. ACIT, CENTRAL CIRCLE-1, JAIPUR

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

bogus purchases and sales. 13 M/s Clarity Gold Pvt Ltd., Jaipur vs. ACIT, Jaipur 5.18 ……. 5.19 In view of the above, I hold that AO was justified in invoking the provisions of section 145 of the IT Act. Further, I hold that GP rate of 15% may also be applied on the turnover declared by the appellant as against

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.

bogus purchases and the assessee`s books are therefore rejected u/s 145(3) for the same reason. The ld. AO has stated above facts without :- - Confronting the appellant with the material in her possession which has been considered by her as adverse. - Confronting the appellant with the statements of parties recorded during the course of search and which have been

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)

bogus purchase and income had escaped assessment. Therefore, appellant case falls in above exception and instruction numbering 2/2008 dated 22-02-2008 does not apply. 5.12 Keeping in view the facts in entirety, as discussed above and appellants failure to establish that the purchases are genuine it is held that the books of the appellant were not tenable

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 sale and purchases to substantiate her deposits. Based on the above reasons and considering the provision of section 68 of the Act ld. AO added a sum of Rs. 44,61,000/- in the income of the assessee. 4. Aggrieved from the order of the Assessing Officer, assessee preferred an appeal before the ld. CIT(A)/NFAC challenging

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)

bogus purchase bills from the above entry providers. In the list supplied by the DCIT, CC-4, Surat name of the assessee Shri Sunder Das Sonkia (Prop. M/s S. Naveen Jewellers) also find place who had obtained purchase bills amounting to Rs. 1,73,34,424/- from Mis Aadi Impex (Prop. Anoop Jain), M/s Arihant 5 DCIT vs. Sunder

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

In the result, the appeal of the assessee is allowed

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” After accepting the contentions

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

12 parties were not verifiable and accordingly an addition of 25% of such purchases were made by the AO. Therefore, the issue of genuineness of purchases was duly examined by the AO while completing the scrutiny assessment under section 143(3). The AO, thereafter, issued a notice under section 148 on 21.11.2014 which is after four years from

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

12 parties were not verifiable and accordingly an addition of 25% of such purchases were made by the AO. Therefore, the issue of genuineness of purchases was duly examined by the AO while completing the scrutiny assessment under section 143(3). The AO, thereafter, issued a notice under section 148 on 21.11.2014 which is after four years from

GEM MART INDIA PVT. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, assessee’s appeal is partly allowed

section 145(3) in view of bogus purchases and the admission of the assessee through its Director Sh. K.K.Ameriya in his statement u/s ITA. No. 46,47,363 & 478/JP/2015 5 M/s Gem Mart India Pvt. Ltd., Jaipur vs. ACIT, Jaipur 132(4) that the company was obtained bogus purchase bill. Regarding estimation of profits, the ld. CIT(A) applied

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR vs. M/S JK INTERNATIONAL, JAIPUR

In the result, the appeals filed by the Revenue is dismissed with

section 69C is not attracted. The relevant para of he judgement are 10 to 12 and the same are reproduced (mentioned at page 24 of the ld. CIT(A) ‘s order).. Considering all the above, I am of the view that even if 25% of purchases from concerns are treated as bogus

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

KANDOI METAL POWDERS MANUFACTRUING COMPANY,JAIPUR vs. DCIT, CC-3, JAIPUR

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

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

12% of such bogus purchase. Thereafter, the assessee filed Misc. Application contending that our High Court in that case while estimating the profit also held that in para 6 that “in our consider opinion, taking into account, the industry which is running the business, the addition which have been made on the Kandoi Metal Powders Manufacturing Co. basis

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

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)

12-09-2024 for the assessment years 2008-09 and 2009-10 respectively. Both the appeals of the assessee relates to the issue of levy of penalty under the provision of section 271(1) (c ) of the Income Tax Act 1961, [ for short Act ]raising therein following grounds of appeal; SHRI RAVI KUMAR RAWAT VS DCIT, CIRCLE-2, JAIPUR

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

Appeals are allowed and impugned orders are set aside

Bench: the Ld. CIT(A) which was partly considered by Ld. CIT(A) vide order dated 14-12-2018 in Appeal No. 474/2015-16. Vide that order Ld. CIT(A) restricted the addition from Rs.6,01,459/- to Rs.2,67,647/- by applying G.P. Rate @ 12%. Hence, the addition of Rs.2,67,647/- was sustained by the Ld. CIT(A) and therefore, Ld. AO passed penalty order dated 01-05-2020 wherein the AO imposed the penalty on the assessee for an amount of Rs.1,03,150/- u/s Section 271(1)(c) of the Act by observing as under:-

12-09-2024 for the assessment years 2008-09 and 2009-10 respectively. Both the appeals of the assessee relates to the issue of levy of penalty under the provision of section 271(1) (c ) of the Income Tax Act 1961, [ for short Act ]raising therein following grounds of appeal; SHRI RAVI KUMAR RAWAT VS DCIT, CIRCLE-2, JAIPUR