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

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

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

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 purchases only. 21. We have heard the rival contentions and perused the material available on record. The bench noted that in this case the Hon’ble jurisdictional while allowing the appeal of the revenue set aside the assessment to be done a fresh. While doing so the Hon’ble High Court has followed the finding so given

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

144", "80HHC", "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

DCIT, JAIPUR vs. JADAU JEWELLERS & MFG (P) LTD., JAIPUR

In the result, the appeals filed by the assessee are partly allowed and that of the Revenue are dismissed

144 read with Section 153A, as bad in law and void ab-initio. 6. On the facts and in the circumstances of the case and in law, the ld CIT(A) erred in not declaring the entire assessment as perverse and vitiated in law more so when the department did not find and seize 4 M/s. Jadau Jewellers & Manufacturers

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

sections": [ "153A", "145(3)", "144", "153D", "80HHC", "260A", "139", "143(2)" ], "issues": "Whether the additions made by the AO on account of alleged bogus purchases

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)

144/-. Resultantly, the assessee had earned undisclosed income of Rs 3,23,19,657/-. However, in the assessment order u/s 143(3) an amount of Rs 30,43,472/- had been added on account of unaccounted transactions. Therefore, the remaining undisclosed income of Rs 2,92,76,185/- [Rs. 3,23,19,657 less (-) Rs. 30,43,472] is required

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

bogus purchases was justified 5. 178 CTR 420 (Raj) -Indian woollen Carpet Factory- held that onus is on assessee to prove the genuineness of the purchases. 6. 186 CTR 718 (MP) - VISP Pvt. Ltd.- Same view was taken as in case of Indian woolen 7. 227 ITR 391 (Raj) - Golcha Properties P Ltd 8. 250 ITR 575 (Del) - Law Medica

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

bogus purchases. The assessee contested the AO's rejection of books of accounts and the subsequent additions.", "held": "The Tribunal held that the AO could not establish the genuineness of the purchases solely on suspicion without documentary evidence. The Tribunal noted that previous litigation in the case and related cases had established the genuineness of suppliers. Furthermore, the assessee

SHRI SUNDER DAS SONKIA,JAIPUR vs. ITO, WARD 1(2), JAIPUR

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

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1383/Jp/2019 Assessment Year: 2010-11 Shri Sunder Das Sonkia, Cuke I.T.O., Vs. Sonkia Bhawan, Sms, Highway, Ward-1(2), Jaipur. Jaipur. Pan No.: Akhps 7413 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 09/Jp/2020 Assessment Year: 2010-11 I.T.O., Cuke Shri Sunder Das Sonkhiya, Vs. Ward-1(2), Prop.- M/S Naveen Jewellers, Jaipur. Sonkhiya Bhawan, Chaura Rasta, Jaipur. Pan No.: Akhps 7413 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.R. Sharma (Ca) & Shri Rajnikant Bhatra (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeal Filed By The Assessee & The Cross Appeal Filed By The Revenue Arise Against The Order Of The Ld. Cit(A)-4, Jaipur Dated 08/11/2019 For The A.Y. 2010-11. The Grounds Taken By The Assessee & The Revenue Are As Under:

bogus but were made from the parties other than those mentioned in the books of account. That being the position, not the entire purchase price but only the profit element embedded in such purchases can be added to the income of the assessee. So much is clear by the decision of this court. In particular, the court has also taken

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

bogus purchases only.\n21. We have heard the rival contentions and perused the material\navailable on record. The bench noted that in this case the Hon'ble\njurisdictional while allowing the appeal of the revenue set aside the\nassessment to be done a fresh. While doing so the Hon'ble High Court has\nfollowed the finding so given

PRAMOD KUMAR CHOUDHARY,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

bogus purchases is also not\nbased on any enquiry or verification of record by the AO but this is simply\nreproduction of information received from the Investigation Wing. The said\ninformation is also incomplete as regards the details of the purchases and the\nparties from whom such purchases were made by the assessee. Thus the reasons\nrecorded

RADHAKISHNA BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

144 of the Act. He also relied upon the decision of the CIT(A) passed in the case of Bharat Spun Pipe and Construction Company [ PAN : AABFB4917G ] for A. Y. 2017-18 it was held that the sub-contract income received from DRAIPL was not considered as bogus and the addition made in that case was deleted relying

RADHAKISHAN BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

144 of the Act. He also relied upon the decision of the CIT(A) passed in the case of Bharat Spun Pipe and Construction Company [ PAN : AABFB4917G ] for A. Y. 2017-18 it was held that the sub-contract income received from DRAIPL was not considered as bogus and the addition made in that case was deleted relying

VINOD GUPTA,JHUNJHUNU vs. INCOME TAX OFFICER, JHUNJHUNU

Appeal is disposed of and the impugned addition is restricted to Rs

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

section 144 of the Act. 9. As is available from the assessment order dated 25.05.2023 as per specific information available on Insight portal under High Risk CRIU/VRU information, uploaded by the office of DDIT (Inv.), Unit-6(2), New Delhi, a survey u/s 133A of the Act was carried out on 30.11.2018 at premises - Room No. 210 & 212, 4107, Naya

INCOME TAX OFFICER, JAIPUR vs. MOTISONS JEWELLERS LTDL, JAIPUR

purchases are not supported by the quantity details. The ld. AO did not make any enquiry on the material submitted by the assessee. He merely proceeded on statistical analysis and also irrelevant or/and wrong findings to make the addition on account of cash deposits. He neither found any concrete and conclusive evidence of back dating of the entries of sale

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

In the result, appeals for the A

bogus would not amount to non disclosure of the necessary facts by the assessee. In view of the above facts and circumstances of the case as well as the various decisions as relied upon by the ld. A/R of the assessee, we are of the considered view that when there is no allegation of the AO in the reasons recorded