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

In the result, the appeal of the assessee is allowed

purchases by applying NP assessment u/s 143(3) by invoking section rate of 12.5% on bogus 145(3) and GP rate

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. The only presumption in such circumstances available is that the assessee might have purchased the goods from the others. 3. Rejection of books of Decided Confirmed the rejection of books of accounts against the accounts, which rejected by assessee applying the provisions of section 145

JEWELS EMPORIUM A LEGACY,JAIPUR vs. ACIT,CC-1, JAIPUR

In the result, the appeal of the assessee stands allowed

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

section 145(3), particularly when other ingredients of the transactions are undisputed. Next allegation to treat the purchases as 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

3. Whether on the facts and the circumstances of the case the ld CIT(A) was right in restricting the disallowance from Rs.6,99,228/- to Rs.4,81,614/- made U/s 40(a)(ia) of the Act without appreciating the fact that this violation of the provision of the Section 40(a)(ia) of the Act has been clearly mentioned

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.

145(3). However, since the assessee was engaged in corresponding sales, the AO has disallowed an amount of Rs. 8,77,442/- being 25% of alleged bogus purchases. 5.6 As can be seen, information was available before the AO as given by DGIT (inv) Mumbai, which demonstrated that the suppliers from whom the appellant claimed to have effected purchases

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

3. The assessee has maintained daily stock register, product wise and quality wise for memorandum purposes. Stock of the assessee is tallied and there is no shortfall of stock to suggest that bogus purchases were made. The goods purchased from the alleged bogus parties are sold subsequently and sales are recorded in stock registers and purchases registers and confirmed

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

3. The assessee has maintained daily stock register, product wise and quality wise for memorandum purposes. Stock of the assessee is tallied and there is no shortfall of stock to suggest that bogus purchases were made. The goods purchased from the alleged bogus parties are sold subsequently and sales are recorded in stock registers and purchases registers and confirmed

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

PEEYUSH AGARWAL,JAIPUR, RAJASTHAN vs. ITO, WARD 1(5), JAIPUR, JAIPUR, RAJASTHAN

In the result Ground and 1 and 2 raised by the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

bogus purchases, and non­existing 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

SATYA NARAYAN ,BHARATPUR vs. ITO WARD 1, BHARATPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR, JM आयकर अपील सं. / ITA No. 1434/JP/2024 निर्धारण वर्ष / Assessment Year : 2021-22 Satya Narayan बनाम Income Tax Officer, Prop. M/s Shiv Charan Lal Satya Vs. Ward -1, Narayan, Navin Mandi Yard, Nadbai, Bharatpur Bharatpur स्थायीलेखा सं. / जीआईआर सं./PAN/GIR No.: AAPPN9055M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Ashish Khandelwal, CA राजस्व की ओर से/Revenue by: Sh. Anup Singh

section 145(3) of the Act the rejection of the book results were merely based on the surmises and conjectures. Based on the reasons of the scrutiny there is no case of the revenue that the assessee has shown the bogus purchase

INCOME TAX OFFICER, WARD-2, BEAWAR vs. SHRI MAN MOHAN MITTAL, BEAWAR

In the result, the cross objection so raised by the assessee is rejected

Section 145(3) of the Act. In this regard our reference was drawn to the 8 ITA No. 764/JP/2018 & CO No. 24/JP/2018 ITO vs. Shri Man Mohan Mittal various findings of the Assessing Officer in the assessment order as under:- “Finding of the AO (a) Thus, considering the entire facts of the case it is relevant from the records

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 145(3). Ground no. 3 relates to trading addition of Rs. 1,95,137/- by taking the G.P @ 30%. Ground no. 8, 9 and 10 relate to disallowance of unverifiable purchase particularly cash purchase and URD amounting to Rs. 13,00,000/- 3.2 The aforesaid issues have come up for consideration in the appeal of the appellant himself

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

section 145(3) in cases of bogus purchases and sales. 13 M/s Clarity Gold Pvt Ltd., Jaipur vs. ACIT, Jaipur

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

In the result, both the appeals are partly allowed

section 145(3). (iii) HARIDAS PARIKH vs. INCOME TAX OFFICER (2008) 113 TTJ (Jd) 274 : (2008) 1 DTR 390 Unless the AO is able to point out certain transactions which have been left to be entered in the books of account or that the assessee has sold some of the items at a price higher than what is disclosed

SUBHASH PARETA,KOTA vs. ACIT, KOTA

In the result, the appeal of the assessee and the revenue are disposed off with above directions

145(3) of the Act. 9. Regarding estimation of profits pursuant to the rejection of the books of accounts, the AO has segregated the turnover relating to work directly executed by the assessee and the work executed through the sub-contractor. In respect of directly executed work, the AO has applied the net profit rate of 12.5% subject to interest

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

section 145(3) of Income Tax Act, 1961. 3 On the facts and in the circumstances of the case and in law the Ld. CIT (A) erred in (i) holding that there is no evidence that business of trading in precious and semi-precious conducted by M/s Vinayak Overseas solely on the statement of Shri Mohan Prakash Sharma, (ii) holding

SHRI JITENDRA KUMAR AGARWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, based on the discussion so recorded here in above both

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

3,53,826/- Shri Jitendra Kumar Agarwal vs. DCIT 2016-17 59-60 1,84,14,307/- It is submitted that ld. CIT(A) after thorough analysis of such working has granted relief on this issue, appellant prays such action of ld.CIT(A) deserves to be upheld. Issue: Purchases considered as unaccounted sales: It is submitted that

SHRI JITENDRA KUMAR AGARWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, based on the discussion so recorded here in above both

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

3,53,826/- Shri Jitendra Kumar Agarwal vs. DCIT 2016-17 59-60 1,84,14,307/- It is submitted that ld. CIT(A) after thorough analysis of such working has granted relief on this issue, appellant prays such action of ld.CIT(A) deserves to be upheld. Issue: Purchases considered as unaccounted sales: It is submitted that