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

In the result, both the appeals are partly allowed

section 145 were invoked, the best course of action would be to apply GP ratio and confirm certain percentage of sales to cover any leakage of revenue. Therefore, the AO is directed to apply a GP rate of 6% on the total turnover of Rs. 1,05,29,10,586/ to cover any possible leakage of revenue on account

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 sale and purchases to substantiate her deposits. Based on the above reasons and considering the provision of section 68 of the Act ld. AO added a sum of Rs. 44

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)

44 Ground Nos. 3 & 4 are against confirming disallowance of Rs. 3,25,000/- made @ 25% unverifiable purchases 45 These grounds are allowed as we have already sustained trading addition as above." In the earlier order of the Hon'ble Tribunal such purchases were not held to be genuine and addition was restricted to the gross profit ratio. The present

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

In the result, the appeal of the assessee is allowed

purchases as unverifiable and sustain such adhoc additions. The assessee derives support from the following judicial pronouncements to substantiate its submissions: CIT vs. Orissa Corporation 159 ITR 78 (SC) Held, “In this case, the assessee had given the names and addresses of the alleged creditors. It was in the knowledge of the Revenue that the said creditors were income

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

KANDOI METAL POWDERS MANUFACTRUING COMPANY,JAIPUR vs. DCIT, CC-3, JAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

bogus purchase was involved and in that case profit estimated @ 25 %. Thus, he supported the addition made by the AO @ 25 % of purchase. The ld. DR also draw our attention to the findings recorded by the AO that how the exact credit and debit transactions recorded in the parties from where these purchases are accounted. He has also drawn

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)

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 price without GST is Rs.89,03,956/- i.e. 105,06,669X100 */. 118) The other documentary proofs proving genuine purchases and sales are: S. No. Nature of records P.B. page 1. Purchase / sales of goods

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

44 (Guj)- Vijay Protins - disallowance of 25% of bogus purchases was held justified 2. 316 ITR 274 (Guj) - Sanjay Oil Cakes Ind. - disallowance of 25% of bogus purchases was held justified 3. 72 taxmann.com 289 (Guj) N.K. Industries - disallowance of 25% of bogus purchases was held justified 4. 2017-TIOL-23-SC-IT-NK Protins Ltd- Hon’ble Supreme Court

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

bogus bills during the\ncourse of search operation on this person, (iii) holding that the purchases\nof Rs. 1,86,209/-, made from above named concerns, is unverifiable and\nunder invoiced to show more profit to claim the deduction u/s 80HHC, (iv)\nconfirming the addition of Rs. 1,86,209/- being 25% of purchases of Rs.\n7,44

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)

section 133(6) of IT Act, none of the two entities-sellers respond thereto. (iii) When the two entities did not respond to the notices, and this fact was brought to the notice of the assessee, it did not take any step to secure presence of officers or concerned officials of the said two entities, before the Assessing Officer with

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 bills during the course of search operation on this person, (iii) holding that the purchases of Rs. 1,86,209/-, made from above named concerns, is unverifiable and under invoiced to show more profit to claim the deduction u/s 80HHC, (iv) confirming the addition of Rs. 1,86,209/- being 25% of purchases of Rs. 7,44

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

bogus bills during the\ncourse of search operation on this person, (iii) holding that the purchases\nof Rs. 1,86,209/-, made from above named concerns, is unverifiable and\nunder invoiced to show more profit to claim the deduction u/s 80HHC, (iv)\nconfirming the addition of Rs. 1,86,209/- being 25% of purchases of Rs.\n7,44

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

K L TAMBI AND CO,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2,, JAIPUR

27. As a result, the appeal is partly allowed, and addition of 20% of bogus or purchases from unverifiable persons or entities is upheld as regards AY 2005-06

Bench: This Appellate Tribunal

44(Guj.) iii. N. K. Indsutries Ltd. vs. DCIT [2016] 72 taxmann.com 289 (Gujarat) The contention raised by ld. AR for the appellant is that facts of the above said three cases are different from the facts of the present appeal, and as such, ld. CIT(A) has erred in upholding the disallowance of purchases to the extent

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

bogus bills during the\ncourse of search operation on this person, (iii) holding that the purchases\nof Rs. 1,86,209/-, made from above named concerns, is unverifiable and\nunder invoiced to show more profit to claim the deduction u/s 80HHC, (iv)\nconfirming the addition of Rs. 1,86,209/- being 25% of purchases of Rs.\n7,44

SHRI JAI HIND AGARWAL,JAIPUR vs. ITO, WD-5(4), JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.” 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

bogus purchases @ 25% on total purchase of Rs. 44,50,581/- and addition of Rs. 32,38,590/- u/s 41(1) of the Act on account of cessation of liability of trade creditors. Thereafter, the A.O. initiated penalty proceedings U/s 271(1)(c) of the Act and imposed the penalty of Rs. 2,65,630/- on the addition made

SIYARAM CITY CABS LTD.,JAIPUR vs. ITD WARD 6(4), JAIPUR, JAIPUR

In the result, the appeal of the assesee is allowed for statistical purposes

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

bogus purchase, without discharging his onus of providing copy of the statements of persons and material relied upon by him The action of the Id. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by deleting the addition of Rs.6,56,44,910’’. 2.1 At the outset of hearing