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

bogus purchases = Rs. 22,21,78,361 * 15%). Ld. CIT(A) restricted the disallowance to Rs. 30,13,471 (Total purchases = Rs.60,26,94,181* 0.5%) 2. Submission 2.1. The assessee for the year under consideration was liable to get his accounts audited as per the provisions of Section 44AB of the Income Tax Act, 1961. 2.2. The tax auditor

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

In the result, both the appeals are partly allowed

bogus bills for the alleged purchases, commission would definitely have been paid by the appellant. As the addition has been sustained at Rs. 1,14,76,726/- on account of alleged purchases, accordingly, commission is also confirmed on the above addition @ 6% which is worked out at Rs. 6,88,603/- and is accordingly sustained. In view of the aforesaid

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 131 to those parties. If the transactions are genuine and if the parties have migrated somewhere else, their latest address should have been supplied and the burden is on the assessee to prove the genuineness of the transaction, when the assessee claimed that the purchases are genuine." 5.8 Further in the case of Commissioner of Income Tax, Jaipur

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 145(3) is illegal and unjustified and deserves to be quashed. Ground No. 1 : That under the facts and circumstances of the case, the Id. CIT (A) has erred seriously on facts in sustaining the action of the ld. AO in considering purchases of a sum of Rs. 3,21,93,468 made from 11 parties as bogus

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.

14 Shri Khandelwal Diamonds Pvt. Ltd. vs. ACIT business. Its purchases from 11 parties belonging to Bhanwar Lal Jain group was doubted and the ld. AO made addition of the whole amount of purchases u/s 69C. On appeal the ld. CIT (A) deleted addition u/s 69C and restricted the addition to 3% of the purchases made from such 11 parties

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

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)

14,650 (taxed u/s 115BBE) Demand & Penalty: Notices issued u/s 234A/B/C/D and 271AAC. Finding by the Ld. CIT(A): It is respectfully submitted that the order of the Ld. CIT(A) is well-reasoned and does not call for any interference. The key findings are summarized as under: Bogus Purchases Established The assessee relied upon alleged purchases from M/s Parijat

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

purchase the goods in furtherance of the business\nand cannot be issued by any other entity like a direct consumer of the\ngoods (APB 104-111)\n5.\nCopy of day to day stock register maintained by the assessee company\nwherein the outward entry of the goods sold to M/s Mamta Trading Co.\nis duly highlighted (APB 211-281)\n6.\nCopy

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

In the result, the appeal of the assessee is allowed

14 M/s Silvex & Co. (India) Ltd. In this case AO made additions of Rs. 1,05,595/- on account of bogus purchases and unexplained cash credits of Rs. 23,056/- - Both these additions have been deleted in appeal by CIT(A) – Now the tribunal has agreed with the findings of CIT(A) and dismissed the appeal by the revenue – Whether

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

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

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

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

14 CIT(A) NATIONAL FACELESS APPEAL CENTRE (NFAC)\nhas erred in law and on facts in dismissing the appeal exparte ignoring the fact\nthat the assessee had duly applied for the adjournment hence the order of\ndismissal of appeal for non appearance is against the principal of natural\n6. The exparte dismissal order order passed by the CIT(A)-NATIONAL

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:-

bogus 6,01,459/- 6,01,459/- purchase Total income 9,53,339/- Rounded off 9,53,340/- In that assessment order ld. AO initiated penalty proceedings u/s 271(1)© vide notice dated 25-01-2016. SHRI RAVI KUMAR RAWAT VS DCIT, CIRCLE-2, JAIPUR 2.2 Assessee challenged that order of assessment before the ld. CIT(A) which was partly

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)

bogus 6,01,459/- 6,01,459/- purchase Total income 9,53,339/- Rounded off 9,53,340/- In that assessment order ld. AO initiated penalty proceedings u/s 271(1)© vide notice dated 25-01-2016. SHRI RAVI KUMAR RAWAT VS DCIT, CIRCLE-2, JAIPUR 2.2 Assessee challenged that order of assessment before the ld. CIT(A) which was partly

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

section rate of 12.5% on bogus 145(3) and GP rate was applied. Since the purchases. assessment was already completed u/s 143(3) therefore, the facts of the case are totally distinguishable from the case relied upon by revenue the where no assessment was completed u/s 143(3) and reassessment proceedings were initiated for unverifiable purchases in the order

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

section rate of 12.5% on bogus 145(3) and GP rate was applied. Since the purchases. assessment was already completed u/s 143(3) therefore, the facts of the case are totally distinguishable from the case relied upon by revenue the where no assessment was completed u/s 143(3) and reassessment proceedings were initiated for unverifiable purchases in the order

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 was involved and in that case profit estimated @ 25 %. Thus, he supported the addition made by the AO @ 25 % of purchase. The ld. DR also draw our attention to the findings recorded by the AO that how the exact credit and debit transactions recorded in the parties from where these purchases are accounted. He has also drawn