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

139,147,148,149,151 and 153. 2.3. Section 147 and 153C are not interchangeable but are mutually exclusive sections. It is not the choice of the revenue to invoke either of the two sections at its whims. The scope of the two sections has been legislated differently with a definitive purpose. 2.4. Reliance is placed in the following decisions

DCIT, CIRCLE-4, JAIPUR vs. M/S KANDOI METAL POWDERS MANUFACTURING COMPANY PVT. LTD., JAIPUR

In the result, both the appeals are partly allowed

139 (Asr.)(SB)(Trib.)(158) In above cases, the courts have taken the view that, records maintained by Central Excise Authorities/ Various State Govt authorities are important piece of evidence. Applying the same principle if sales tax authorities have taken the view that the purchases are bogus and if assessee has accepted the same. The order of Sales Tax authorities

BHASKAR CHOUHAN,JAIPUR vs. INCOME TAX OFFICER, SIKAR

139, section 147, section 148, section 149, section 151 and\nsection 153, where the Assessing Officer is satisfied that,-\n(a) any money, bullion, jewellery or other valuable article or thing,\nseized or requisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned,\npertains or pertain to, or any information contained therein, relates

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)

section 260A (set aside) r.w.s. 153A of the Income Tax Act, by DCIT, Circle-01, Jaipur. 2. In this appeal, the assessee has raised following grounds: - 2 Dinesh Haldia vs. DCIT “I That the learned CIT (Appeal) erred in sustaining addition u/s. 69C of the I.T. Act made by the AO at Rs. 13,00,000/- in the total income

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.

Section 147/148 of the Act to reopen the assessments for the AYs in question does not satisfy the requirement of law.". The facts of the present case are exactly similar to above cited four cases and hence it is sincerely requested that the whole proceedings u/s 147 may kindly be declared void ab initio and the order so passed

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

In the result, the appeal of the assessee is allowed

139 Taxmann.com the reassessment 143(3) by invoking section 145(3) and GP 406 proceedings on the rate was applied. Thereafter based on the information received informations supplied by Investigation from the Investigation Wing with respect to unverifiable Wing that assessee has purchases. obtained bogus

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

bogus sale of TMT Bars to the said M/s Mamta\nTrading Company and accordingly the amount of credit is unexplained\nand ld. AO has rightly added the same. It was requested by ld. DR that\norder of ld. CIT(A) may be reversed and order of AO may be restored.\n7.\nPer contra, the ld. AR of assessee has filed

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, A person other

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

bogus purchases ignoring the fact that assessee was involved in taking the accommodation entry from Rajendra Jain and Banwari Lal Jain Group. ‘’3. Whether on the facts and in the circumstances of the face, the ld. CIT(A) was right in allowing the deduction u/s 10AA/10A of the Act ignoring the fact that provisions of Section

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

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

139 Taxmann.com the reassessment 143(3) by invoking section 145(3) and GP 406 proceedings on the rate was applied. Thereafter based on the information received informations supplied by Investigation from the Investigation Wing with respect to unverifiable Wing that assessee has purchases. obtained bogus

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

139 Taxmann.com the reassessment 143(3) by invoking section 145(3) and GP 406 proceedings on the rate was applied. Thereafter based on the information received informations supplied by Investigation from the Investigation Wing with respect to unverifiable Wing that assessee has purchases. obtained bogus

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)

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 of GP which has been

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

RAMESH CHAND BANSAL,BEAWAR vs. DCIT, AJMER

In the result, the appeals of the assessee are allowed

bogus purchase was made – addition not challenged by assessee in order to buy peace of mind and to avoid protracted litigation – AO initiated penalty proceedings u/s 271(1)(c) vide the assessment order itself – at the end of the Assessment order, Ld. AO mentioned “penalty proceedings u/s 271(1)(c) are being initiated separately for concealment of income and furnishing

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)

section 133(6) of IT Act, none of the two entities-sellers respond thereto. (iii) When the two entities did not respond to the notices, and this fact was brought to the notice of the assessee, it did not take any step to secure presence of officers or concerned officials of the said two entities, before the Assessing Officer with

GOVINDAM EXPORT,JAIPUR, RAJASTHAN vs. DCIT, CIRCLE-1, JPR, JAIPUR, RAJASTHAN

In the results all the appeals filed by the assessee ITA Nos

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

bogus purchase bills or inflated export profit or export profit of the assessee is not genuine. He submitted that return of income filed by the assessee as per provision of section u/s 139

GOVINDAM EXPORT,JAIPUR, RAJASTHAN vs. DCIT, CIRCLE-1, JAIPUR, RAJASTHAN

139(1)", "143(2)", "260A" ], "issues": "Whether the assessment orders and the additions made therein are valid, particularly concerning the genuineness of purchases and compliance with procedural requirements like Section 153D, and whether the GP rate declared by the assessee is sufficient to counter allegations of bogus