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)

22 (SC) distinguished) [2013] 355 ITR 290 (Guj) CIT v. BHOLANATH POLY FAB PVT. LTD. Income from undisclosed sources — assessment — assessee trading in finished fabrics — whether purchases themselves bogus — whether parties from whom such purchases were made bogus — questions of fact — tribunal finding assessee did purchase cloth and sell finished fabrics — not entire purchase price but profit element embedded

AJAY BAKLIWAL,KOTA vs. ACIT, CENTRAL CIRCLE, KOTA, KOTA

bogus claim in the return filed. However, the question\nto be considered was whether the assessee could be the beneficiary of its own\nfraud or mistake and whether the Assessing Officer was prevented from correcting\nthe same under section 147. It was to be noted that the Explanation to section\n147(2) specifically provides that the excessive relief granted under

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. Payments were made through proper banking channel. There is a possibility that sometimes after a gap of 1/2 years the party may not be available at the address given or that they did not bother to reply the summons issued by the Department. Otherwise, all other details along with purchases and sales vouchers, day-to-day stock register

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 purchase bills alongwith its sister concerns. The directors of the company were confronted with the enquiries conducted by the Investigation Directorate and details of the same have already discussed by the AO in the assessment order reproduced above. 5.8 During the course of search conducted at the premises of the appellant a number of incriminating documents in the form

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 132 of the Act was carried out wherein it was revealed that appellant was one of the beneficiaries of receiving accommodation entries in form of bogus purchase and income had escaped assessment. Therefore, case of the appellant falls in above exception and instruction number 2/2008 dated 22

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 132 of the Act was carried out wherein it was revealed that appellant was one of beneficiary of receiving accommodation entries in form of bogus purchase and income had escaped assessment. Therefore, appellant case falls in above exception and instruction numbering 2/2008 dated 22

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. That on the contrary the Id. Assessing officer completely ignore the confirmation of the parties, payment made through account payee cheque, purchase bills. 22 Alka Khandaka vs. ITO 7. That it is pertinent to highlight that NO action whatsoever was undertaken by 7. That it is pertinent to highlight that NO action whatsoever was undertaken by 7. That

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

In the result, the appeal of the assessee is allowed

bogus. The judgements relied upon by AO and CIT(A) were also distinguished on the facts as all the evidences with respect to purchases were submitted to establish the existence of the supplier parties. He further contended that the assessee has declared better results as compared to preceding year, therefore, no addition is required to be made. 10. On perusal

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)

section 145 (3) of the I. T. Act, 1961 are hereby applicable as the books of accounts are not reliable, Therefore, 20 DCIT vs. Sunder Das Sonkiya the Assessing Officer is directed to apply GP rate of 12% on total turnover of Rs. 7,03,93,153/- which results in addition

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

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

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)

22,61,216/-. In appellate proceedings, the ld. CIT(A) confirmed the addition of 25% on unverifiable/bogus purchases observing that the assessee is involved in activities of taking accommodation entries in order to reduce the profitability. It is further noted that the AO vide his order dated 28-08- 2013 imposed the penalty

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:-

22,61,216/-. In appellate proceedings, the ld. CIT(A) confirmed the addition of 25% on unverifiable/bogus purchases observing that the assessee is involved in activities of taking accommodation entries in order to reduce the profitability. It is further noted that the AO vide his order dated 28-08- 2013 imposed the penalty

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

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

bogus purchases could not be made. As submitted above, in the year under consideration, the books of accounts of appellant were rejected by Ld. AO and provisions of section 145(3) of the Act were invoked and trading addition was made by applying the GP rate in the original assessment completed u/s 143(3). Thereafter in reassessment 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

bogus purchases could not be made. As submitted above, in the year under consideration, the books of accounts of appellant were rejected by Ld. AO and provisions of section 145(3) of the Act were invoked and trading addition was made by applying the GP rate in the original assessment completed u/s 143(3). Thereafter in reassessment order

DURGA PRASAD SHARMA,JAIPUR vs. I.T.O. WARD 1(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

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

22,080/- on 27-04- 2022. The reasons for selection of case were as under:- "The information received from ADIT(Inv) Jamshedpur that M/s Sidhi Vinayak Metal & Salt Company Pvt. Ltd. Engaged in providing bogus sales bills ( 3 Durga Prasad Sharma vs. ITO purchases for the beneficiary) A list of beneficiary is provided by the department