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)

28,987/. Accordingly, it appears that these purchases from M/s Haryana Trading Company and M/s Vishal Traders have been used for suppressing the profits of the business. Even though the books of account have not been rejected, since the AO has clearly established that the purchases were bogus, there is no justification for accepting the contentions of the AR that

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.

28 Shri Khandelwal Diamonds Pvt. Ltd. vs. ACIT outstanding in your books, bogus sale bill are issued to parties against their purchase made in cash. These parties who take accommodation entries from your concerns make payment through RTGS. This RTGS is in turn used to make payment to the foreign parties from whom import has been made. The parties

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

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

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)

section 115BBE is not applicable. It is further submitted that the assessee had already offered cash sales as income in trading account then the same cannot be taxed u/s 68 or u/s 69A r.w.s. 115BBE of the Act. PRAYER In view of the above facts, legal submissions, and judicial precedents, the assessee-appellant most respectfully prays that the illegal addition

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

bogus billing to various genuine entities\nthrough routing of unaccounted income. Further the assessee had\nmade purchases from various shell entities some of the examples\nare M/s Rajiv Commercial Private Limited & M/s Ramdiha\nMercantile Private Limited. Your honour kind attention is invited\nto the fact that the above SCN as purely based on information\nonly, without any independent application

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)

sections referred here, where it is not possible to quantify tax effect or tax effect is not involved, is for the purpose of illustration only. g. Where addition relates to undisclosed foreign income/undisclosed foreign assets (including financial assets)/undisclosed foreign bank account, or h. Cases involving organized tax evasion including cases of bogus capital gain/loss through penny stocks and cases

GEM MART INDIA PVT. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, assessee’s appeal is partly allowed

section 145(3) regarding estimation of profit. The AO followed the order of flagship company of the group M/s Clarity Gold Pvt. Ltd. wherein gross profit rate of 17% has been applied. After giving detail reasons, it was held by the AO that since the nature of business and modus operandi of the assessee company is similar to that

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:-

Section 44AB and report in form No.3CB are being submitted from time to time. The assessee during the year declares the G.P.(%) at 10.77%. SHRI RAVI KUMAR RAWAT VS DCIT, CIRCLE-2, JAIPUR 3. That assessee was assessed u/s 148 of the Act vide order dated 25.01.2016 wherein the assessee was alleged for indulging in taking the accommodation entry

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)

Section 44AB and report in form No.3CB are being submitted from time to time. The assessee during the year declares the G.P.(%) at 10.77%. SHRI RAVI KUMAR RAWAT VS DCIT, CIRCLE-2, JAIPUR 3. That assessee was assessed u/s 148 of the Act vide order dated 25.01.2016 wherein the assessee was alleged for indulging in taking the accommodation entry

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

bogus purchase bills from\nthe above entry providers. In the list supplied by the DCIT, CC-4, Surat\nname of the assessee Shri Sunder Das Sonkia (Prop. M/s S. Naveen\nJewellers) also find place who had obtained purchase bills amounting to\nRs. 1,73,34,424/- from Mis Aadi Impex (Prop. Anoop Jain), M/s Arihant\n5\nITA No. 453/JP/2024\nDCIT

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 of Rs. 6,26,90,957/- made with M/s Atharv Business Pvt. Ltd, of Rs. 2,13,72,050/-, M/s Casper Enterprises Pvt. Ltd. of Rs. 2,83,18,907/- and from M/s Olive Overseas Pvt. Ltd, of Rs. 1,30,00,000/- are hereby added to the total income of the assessee treating the same as undisclosed

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 of Rs. 6,26,90,957/- made with M/s Atharv Business Pvt. Ltd, of Rs. 2,13,72,050/-, M/s Casper Enterprises Pvt. Ltd. of Rs. 2,83,18,907/- and from M/s Olive Overseas Pvt. Ltd, of Rs. 1,30,00,000/- are hereby added to the total income of the assessee treating the same as undisclosed

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)

section 144B of the Income Tax Act, 1961 is upheld in full. 6.2 In the result, the appeal is dismissed. 5. Feeling dissatisfied with the above finding so recorded in the order of the ld. CIT(A) the assessee appellant has preferred the present appeal before this tribunal on the grounds as reiterated herein above. In support of the various

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

section 145 need not have been invoked and the addition for purchases as bogus was wrong as the consumption stood fully proved and the existence of selling parties could not be denied. It upheld the basis of valuation of closing stock of work-in-progress and hence deleted the additions of Rs. 1,48,93,286 made

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)

bogus parties and the assessee when confronted by the GST authorities, paid the corresponding GST. Therefore the facts of the present case are entirely different than the case relied upon by the assessee. Moreover, the assessee did not provide either confirmed copy of accounts or ITR of the other parties from whom goods were purported to have been purchased. Moreover

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)

28. While dealing with ground no 3 the ld. AR of the assessee vehemently argued the assessee has submitted the quantitative details of purchases and sales. The assessee also showed the nexus of export with purchases. He stated that the very basis of doubting the purchase made from Shri Mahesh Kumar Sharma (Prop. of Tirupati Balaji Gems), Shri Gauri Shankar