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.

bogus purchases is wrong and unjustified. The appellant has enclosed copies of its Balance Sheet and Profit & Loss Account for the year under consideration for your kind verification (APB 38-39). Ground No. 2 : That the ld. CIT (A) has erred seriously in law and on facts in sustaining the validity of notice issued

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)

40 Alka Khandaka vs. ITO explanation furnished by the assessee were found not acceptable. Having noted so ld. AO noted that assessee has tried to substantiate the cash deposit by way of bogus purchases / sales and mislead the revenue and thereby he rejected the contention of the assessee as per para 8.1 to. 8.7 of his order and thereby

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

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)

purchase made by the assessee alleged to have been considered as bogus and thereby the profit was estimated and confirmed in the hands of the assessee. That claim itself is not considered fully not correct and thereby the profit was added. Thus, we get support of the decision of the apex court in the case Commissioner of Income Tax, Ahmedabad

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:-

purchase made by the assessee alleged to have been considered as bogus and thereby the profit was estimated and confirmed in the hands of the assessee. That claim itself is not considered fully not correct and thereby the profit was added. Thus, we get support of the decision of the apex court in the case Commissioner of Income Tax, Ahmedabad

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

section 145 (3) of the I. T. Act,\n1961 are hereby applicable as the books of accounts are not reliable, Therefore,\nthe Assessing Officer is directed to apply GP rate of 12% on total turnover of Rs.\n7,03,93,153/- which results in addition of Rs. 5,72,667/- (12% of Rs. 7,03,93,153\ndeclared and accepted

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)

bogus. Learned CIT(A) allowed the appeal inter-alia on the ground that all payments were made by the assessee by Account Payee Cheque; that the assessee was in fact a trader; that all purchases made from M/s Raj Impex were found to have been sold and sales were also accepted by the Assessing Officer. When the Revenue carried

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 with respect to the each of the parties considered in each of the year is also tabulated here in below : Astt Year Purchases held by AO in original Assessment proceedings as bogus/unverifiable 1998-1999 a) Shree Nath Impex Rs. 2,77,128/- b) From various unregistered dealers Rs. 2,78,552/- 1999-2000 M/s Tirupati Balaji Gems

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

40,77,845/- for AY 1998-99 and AY 2001-2002 respectively\nwas made from its undisclosed sources, and based on these findings he\ntreated this income as income from other sources of the assessee.\n8.\nFor assessment year 1999-2000, AY 2000-01 and AY 2003-04, then\nassessing officer held the assessee has declared purchases from the\npersons

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

40,77,845/- for AY 1998-99 and AY 2001-2002 respectively\nwas made from its undisclosed sources, and based on these findings he\ntreated this income as income from other sources of the assessee.\n8. For assessment year 1999-2000, AY 2000-01 and AY 2003-04, then\nassessing officer held the assessee has declared purchases from the\npersons

SHRI SUNDER DAS SONKIA,JAIPUR vs. ITO, WARD 1(2), JAIPUR

In the result, the appeal of the assessee is allowed partly and the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1383/Jp/2019 Assessment Year: 2010-11 Shri Sunder Das Sonkia, Cuke I.T.O., Vs. Sonkia Bhawan, Sms, Highway, Ward-1(2), Jaipur. Jaipur. Pan No.: Akhps 7413 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 09/Jp/2020 Assessment Year: 2010-11 I.T.O., Cuke Shri Sunder Das Sonkhiya, Vs. Ward-1(2), Prop.- M/S Naveen Jewellers, Jaipur. Sonkhiya Bhawan, Chaura Rasta, Jaipur. Pan No.: Akhps 7413 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.R. Sharma (Ca) & Shri Rajnikant Bhatra (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeal Filed By The Assessee & The Cross Appeal Filed By The Revenue Arise Against The Order Of The Ld. Cit(A)-4, Jaipur Dated 08/11/2019 For The A.Y. 2010-11. The Grounds Taken By The Assessee & The Revenue Are As Under:

40 and Radha Mohan Lal Agarwal Vs. I.T.O. (2003) XXX Tax World 190 and even the Coordinate Bench of the ITAT, Jaipur Benches, Jaipur in case of M/s Sambhav Gems Ltd. (2006) XXXVI T.W. 254 and in case of Shri JatinHariyani (2007) XXXVII T.W. 116 had upheld the above legal views and purchases supported with similar documents as furnished

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

40,77,845/- for AY 1998-99 and AY 2001-2002 respectively\nwas made from its undisclosed sources, and based on these findings he\ntreated this income as income from other sources of the assessee.\n8.\nFor assessment year 1999-2000, AY 2000-01 and AY 2003-04, then\nassessing officer held the assessee has declared purchases from the\npersons

M/S AMRAPALI EXPORTS,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, the ground No

bogus concern which was operated by Shri Rajendra Jain without any physical deliveries and such purchases amounting to Rs 7,54,587/- were treated as non genuine and 25% of such purchases were brought to tax as unexplained expenditure besides addition of Rs. 15,092/-, being 2% of Rs. 7,54,587/- on account of alleged commission paid for obtaining

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

40,77,845/- for AY 1998-99 and AY 2001-2002 respectively\nwas made from its undisclosed sources, and based on these findings he\ntreated this income as income from other sources of the assessee.\n8.\nFor assessment year 1999-2000, AY 2000-01 and AY 2003-04, then\nassessing officer held the assessee has declared purchases from the\npersons

VIRENDRA SINGH BHADAURIA,JAIPUR vs. PR. CIT-3, , JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 255/Jp/2020 Assessment Year: 2015-16 Virendra Singh Bhadauriya, Cuke Pr.Cit-3, Vs. 71, Mansa Nagar, Shirsi Road, Jaipur. Jaipur-302012. Pan No.: Aaepb 0767 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Ms. Datyani Pandey (Adv) & Shri Rajiv Pandey (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 10/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 25/03/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit-3, Jaipur Dated 16/03/2020 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2015-16. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case Ld. Pr. Commissioner Of Income Tax-3, Jaipur Erred In:- Ground No.1:- In Holding That The Assessment Order Dt.26.12.2017 Passed U/S 143(3) By Assessing Officer To Be Erroneous In So Far As Is Prejudicial To Interest Of Revenue On Issues Of 2

40,080/- for the year under consideration. In consequence thereof, addition of Rs. 62,39,484/- was made U/s 54F of the Act. The ld Pr.CIT after scrutinizing the records of the assessment reached to the conclusion that the A.O. while finalizing the assessment order, has not given any thought to the fact that the assessee purchased two flats situated

J C HOME TEX,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 7, JAIPUR

In the result, the appeal of the assessee is allowed

bogus expenses.\nIn grounds of appeal no. 1,4 & 1.5, assessee has challenged action of Id. CIT(A)\nin making all the additions primarily due to admission made by assessee during\nsurvey and thus not considering the plea of assessee regarding purchases\nworth Rs. 82,40,125/, being entered in books of accounts after survey\nIn ground of appeal no.1.6

PINCITY JEWLHOUSE PVT. LTD.,JAIPUR vs. PCIT, CC, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the date of hearing." 3. At the outset of hearing, the Bench observed that there is delay of 58 days in filing of the present appeal by the assessee for which the Id. AR of 3

Bogus Purchase and ESI/PF 2014-2015 Claiming Deduction Deduction allowed SCN: 244-247 [PBII] (Reassessment) U/s 10AA by dividing Reply: 248-251 [PBII] AO: 17.12.18 expenses at Order: 122-139 [PBII] proportionate basis 2015-2016 Claiming Deduction Deduction allowed Notice: 252-255[PBII] (Reassessment) U/s 10AA by dividing Reply: 256-259 [PBII] AO: 17.12.18 expenses at Order