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: Moving Towards The Facts Of The Case We Would Like To Mention That The Revenue Has Assailed The Appeal In Ita No.453/Jp/2024 On The Following Grounds; “(I) Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs.43,33,606/- Without Appreciating The Fact That Assessee Has Shown Bogus Purchase Of Rs 1,73,34,424/- During The Year From A Bogus Concern. 3

section 145(3) is invoked in this case. In view of the above discussion it is held that purchase of Rs. 1,73,34,424/- from M/s Aadilmpex, M/s Sun Diam, M/s Arihant Exports and M/s Kriyalmpex Pvt Ltd. as discussed in above paras are 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.

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 132(4) of the I.T. Act and relevant part of the statement was extracted in the assessment order. Thus, based on the information received it is observed that the assessee Khandelwal Diamonds Private Limited is one of the beneficiaries and has obtained accommodation entries in the form of bogus purchases of Rs. 3,21,93,468/- from the concerns

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

In the result, the appeal of the assessee is allowed

34,42,389/-) treating it as bogus purchases and further not justified in treating it as income of the assessee. Since the corresponding sales and profit thereon has been accepted by the AO as genuine therefore, in view of various judicial pronouncements on this issue, AO’s action in adding entire amount of Rs. 50,37,792/- cannot be sustained

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 purchases, and non- existing 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) of the Act. Therefore, the contention of the revenue on the facts and circumstance of the case is not accepted - Appeal of the revenue is dismissed. 18 Alka

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

Section 37(1) of the Income-tax Act, 1961 - Business expenditure -\nAllowability of (Bogus purchase) - Certain portion of purchases made by\nassessee was disallowed Commissioner (Appeals) found that entire\ndisallowance was based on third party information gathered by Investigation\nWing of Department, which had not been independently subjected to further\nverification by Assessing Officer and he had not provided copy

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

purchase and sale of real estate and flats, it was held that the direction of the Tribunal to the AO to take 25% of the sale proceeds received in cash as assessee's income rather than making addition of entire amount of sale proceeds received in cash is sustainable. In such cases, not the entire receipt but only the profit

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

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

purchase and sale of real estate and flats, it was held that the direction of the Tribunal to the AO to take 25% of the sale proceeds received in cash as assessee's income rather than making addition of entire amount of sale proceeds received in cash is sustainable. In such cases, not the entire receipt but only the profit

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

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

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

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

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)

34 to 36 14. 14.10.2017 SVMS/2017-18/GST/1079 6,03,814 678 - 37 and 38 15. 17.10.2017 SVMS/2017-18/GST/1212 6,22,349 773 T20171000226274 39 to 42 Also weight slip 16. 23.10.2017 SVMS/2017-18/GST/1294 6,56,906 860 - 43 and 44 17. 26.10.2017 SVMS/2017-18/GST/1337 6,67,060 952 T20171000305405 47 to 48 Also weight slip Total purchases including GST @ 18% 1,05,06.669* * Purchase

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

bogus / unverifiable purchases can be disallowed and accordingly respectfully following the decision of the Hon'ble ITAT, Jaipur in the case of Anuj Varshney & Others, it is held that the trading edition is to be restricted to 15% of purchases shown by the appellant for the year under consideration. Therefore, out of the trading addition

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)

Section-143(3) r.w.s.153A by the ACIT, Central Circle-1, Jaipur. 5. We have heard Mr. Mehta counsel for the appellant and Mr. Gupta counsel for the respondents. 6. Taking into consideration the evidence on record, the Tribunal while considering the matter has totally deleted the amount of addition. In our considered opinion, taking into account the industry which

DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, CENTRAL CIRCLE-3 vs. M/S N. M. AGROFOOD PRODUCTS PVT. LTD., SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

purchases being bogus by writing back the amounts in AY 2018-19 and 2019-20. Therefore, it is a clear case of disallowance in this year. Merely because the amount has been written back by the assessee in subsequent year does not entitle the assessee to claim this amount in the year concerned. The bogus entry cannot be allowed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, INCOME TAX OFFICE vs. SHRI SURESH KUMAR GUPTA, SRIGANGANAGAR

In the result the appeal of the revenue in ITA No

purchases being bogus by writing back the amounts in AY 2018-19 and 2019-20. Therefore, it is a clear case of disallowance in this year. Merely because the amount has been written back by the assessee in subsequent year does not entitle the assessee to claim this amount in the year concerned. The bogus entry cannot be allowed