INCOME TAX OFFICER, WARD-1, BEAWAR vs. SHRI MANOJ AMAR CHAND TAILOR, MASUDA BIJAINAGAR

In the result, the appeal filed by the Revenue is dismissed

bogus bills of sale are issued to interested parties. 5. Accommodation entries (unsecured loans) are also given to other Interested parties against cash from time to time.” 7. In response to the observations of the Assessing Officer in respect of the above purchase made by the assessee he sought a clarification from the assessee. The AR of the assessee submitted

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

In the result, both the appeals are partly allowed

7 of his order, wherein he has discussed various aspect and investigation done what is the bogus circulating transaction done by the parties from where the assessee has also done the purchase transactions. The ld. DR drawn our attention that during the assessment proceeding the ld. AO pointed certain questions to the party from whom the purchases were made, same

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)

bogus purchases were disallowed and upheld. It is held that onus was upon the assessee to prove genuineness of purchases. The contention of the assessee that in case of return of notices u/s.133(6), the AO should have issued summons u/s.131 and return of notice by itself should not lead to adverse inference against the assessee. It is observed

M/S CLARITY GOLD P. LTD, JAIPUR,JAIPUR vs. ACIT, CENTRAL CIRCLE-1, JAIPUR

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

bogus sales bills without supplying the goods mentioned in the bills. 3. During the course of search, statement of Sh. Khushi Kumar Ameriya, one of the directors of the assessee company was recorded u/s 132(4) of the Act. Further, the statement of Sh. Raghu Dutt Tiwari, the Accountant who was responsible for maintaining and supervising the accounts

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 132 of the Act was carried out in case of Sh. Bhanwarlal Jain Group by Investigation Wing, Mumbai wherein it was found that this group was an entry provider indulging in providing accommodation entries pertaining to bogus purchases to various parties. Sh. Bhanwarlal Jain admitted the same in the statement recorded u/s 132(4). The alleged suppliers/parties

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. That on the contrary the Id. Assessing officer completely ignore the confirmation of the parties, payment made through account payee cheque, purchase bills. 22 Alka Khandaka vs. ITO 7. That it is pertinent to highlight that NO action whatsoever was undertaken by 7. That it is pertinent to highlight that NO action whatsoever was undertaken by 7. That

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) were not invoked. The by Hon’ble Supreme assessee company deals into silver Court in case where jewellery studded with precious and semi- purchases are alleged as precious stones and since the major bogus component is silver, the GP rate is ranging between 5 to 7

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)

7%. Therefore, as per the assessee, the G.P. rate of this year has fallen as compared to earlier years The purchases made have been exported as it is and there is bill to bill tally of purchase and export. Photo copies of purchase bills have also been placed on record by the assessee. Therefore, according to us, in view

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

Section 69C of the I.T. Act, 1961 Addition of Rs. 2,25,68,601/’’- It is also noted that the ld. CIT(A) has concised the observation in respect of the issue as under:- Facts as summarized from the order of AO. ’’3. The AO had information from the investigation wing Mumbai that there are certain entities controlled by Shri

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

In the result, assessee’s appeal is partly allowed

section 145(3) in view of bogus purchases and the admission of the assessee through its Director Sh. K.K.Ameriya in his statement u/s ITA. No. 46,47,363 & 478/JP/2015 5 M/s Gem Mart India Pvt. Ltd., Jaipur vs. ACIT, Jaipur 132(4) that the company was obtained bogus purchase bill. Regarding estimation of profits, the ld. CIT(A) applied

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

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

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

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) were not invoked. The by Hon’ble Supreme assessee company deals into silver Court in case where jewellery studded with precious and semi- purchases are alleged as precious stones and since the major bogus component is silver, the GP rate is ranging between 5 to 7

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) were not invoked. The by Hon’ble Supreme assessee company deals into silver Court in case where jewellery studded with precious and semi- purchases are alleged as precious stones and since the major bogus component is silver, the GP rate is ranging between 5 to 7

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

7%.\nTherefore, as per the assessee, the G.P. rate of this year has fallen as compared to\nearlier years\nThe purchases made have been exported as it is and there is bill to bill tally of purchase\nand export. Photo copies of purchase bills have also been placed on record by the\nassessee. Therefore, according to us, in view

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