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

In the result, both the appeals are partly allowed

35 AO issued notice on ground that purchase made by assessee were bogus. Duty of authorities to make necessary inquiry before arriving at conclusion. Court held that the AO could have unearthed the fact that seller was a bogus party by recording the statement of the bank manager, accountant or cashier or the party who introduced the seller

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

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

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

In the result, the appeal of the assessee is allowed

section 145(3) than making the adhoc addition is bad in law. Reliance is also placed on the following cases: 252 ITR 476 DCIT Vs. Adinath Industries (Guj.) 13 M/s Silvex & Co. (India) Ltd. Held, that the Assessing Officer could have unearthed the fact that the seller was a bogus party by recording the statement of the bank manager, accountant

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR vs. M/S JK INTERNATIONAL, JAIPUR

In the result, the appeals filed by the Revenue is dismissed with

bogus purchases ignoring the fact that assessee was involved in taking the accommodation entry from Rajendra Jain and Banwari Lal Jain Group. ‘’3. Whether on the facts and in the circumstances of the face, the ld. CIT(A) was right in allowing the deduction u/s 10AA/10A of the Act ignoring the fact that provisions of Section

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 250 of the Income-tax Act,1961 passed by the Ld. Commissioner\nof Income-tax (Appeals), National Faceless Appeal Centre (NFAC) vide DIN No.\nITBA/NFAC/S/250/2024-25/1072584754(1) on 27.01.2025 for the Assessment Year 2018-19.\nIn support of Grounds of Appeal, the Assessee is furnishing herewith Ground wise written\nsubmission, along with supporting documentary evidence(s) and/or documents as specified

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

section 145(3) of the Income Tax Act, 1961. 2.1. On the facts and in the circumstances of the case the Ld. CIT(A) has grossly erred in confirming the addition to the tune of Rs. 90,87,083/- (by applying average GP rate of past three years out of addition of Rs. 6,26,90,157/- made

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

section 145(3) of the Income Tax Act, 1961. 2.1. On the facts and in the circumstances of the case the Ld. CIT(A) has grossly erred in confirming the addition to the tune of Rs. 90,87,083/- (by applying average GP rate of past three years out of addition of Rs. 6,26,90,157/- made

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

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 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)

35. On behalf of the appellant, it has been argued that the documents submitted by the assessee before the authorities below established that the subject purchase transactions were actually made, against payments made 21 Shri Prem Industries vs. ITO through banking channel, and as such the assessee firm was able to discharge its onus. In this regard, reference has been

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

DCIT, CIRCLE -1, JAIPUR, JAIPUR vs. P.R. ROLLING MILLS PVT LTD., JAIPUR

In the result, the appeals of the department are allowed

bogus donations. The transactions were given the colour of legitimacy by routing it through the banking channels. However, evidence gathered during the course of the surveys indicates that the transactions were not genuine as the donors merely took accommodation entries and the alleged donations were routed back to them after deduction of commission by the entry provider at various stages

DCIT, CIRCLE-1, JAIPUR, JAIPUR vs. P.R. ROLLING MILLS PVT. LTD., JAIPUR

In the result, the appeals of the department are allowed

bogus donations. The transactions were given the colour of legitimacy by routing it through the banking channels. However, evidence gathered during the course of the surveys indicates that the transactions were not genuine as the donors merely took accommodation entries and the alleged donations were routed back to them after deduction of commission by the entry provider at various stages

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)

35,82,887 1,31,02,491 The issue taken up for all these years are on similar contention holding that the purchases made by the assessee are tainted / bogus / unverifiable. The details of the amount considered as tainted or bogus with respect to the each of the parties considered in each of the year is also tabulated here

RASHLEELA ENTERPRISES PRIVATE LIMITED, JAIPUR,JAIPUR vs. ACIT CEN CIR 3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalrashleela Enterprises Pvt. Ltd., C-5, Krishna Balram, Calgiri Road, Malviya Nagar, Jaipur 302017. Pan No.: Aadcr2594J ...... Appellant Vs.

bogus organization involved in the activity of accommodation entries in the guise of donations eligible for claim u/s. 35(1)(ii) of the Act. Based on these inputs, the case of the assessee was re-opened u/s. 148 vide notice dated: 27.09.2016. Ultimately after a detailed deliberation on the issue between the assessee and AO, the amount of donation

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

35, 36, 1st Phase Udhyog Income Tax Department, Vihar, RIICO, Sri Ganganagar Central Circle-3 LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCN 3552 D vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA No. 55/JP/2022 fu/kZkj.k o"kZ@Assessment Year : 2013-14 cuke Deputy Commissioner of Income Shri Suresh Kumar Gupta, Tax Vs. Prop. M/s Nandlal

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

35, 36, 1st Phase Udhyog Income Tax Department, Vihar, RIICO, Sri Ganganagar Central Circle-3 LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCN 3552 D vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA No. 55/JP/2022 fu/kZkj.k o"kZ@Assessment Year : 2013-14 cuke Deputy Commissioner of Income Shri Suresh Kumar Gupta, Tax Vs. Prop. M/s Nandlal