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 ld. Assessing officer completely ignore the confirmation of the parties, payment made through account payee cheque, purchase bills. 7. That it is pertinent to highlight that NO action whatsoever was undertaken by the VAT department against the assessee appellant and the sales made by the assessee has been accepted. The assessee appellant was registered

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 purchase.\nB. State of J&K vs. Bakshi Gulam Mohammad AIR 1967 SC 122) The same is\nappearing in the paper book page no. 49-64. Your honour can verify that this\ncase is entirely on different circumstances. Hence not applicable in the case of\nthe assessee.\nC.\nShyamlal Biri Merchant

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

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

section 145(3) relating to the AY 2004-05 on account of purchases made from such bogus concerns and gross profit rate of 17.5% was applied on declared turn over of Rs.8,46,70

ABHAY CHORDIA,JAIPUR vs. DCIT CIRCLE 1, JAIPUR

Appeal of the assessee is partly allowed

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

bogus purchase, there is a judgment of this Co-ordinate Bench and looking to the same set of facts and circumstances and ratio of decisions taken by the Co-ordinate Bench may please be considered and accordingly ground Nos. 3 & 4 be decided. In addition the ld. AR appearing on behalf of the assessee has placed their written submission which

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

bogus. The Assessing Officer accepted the purchases as genuine but added certain amount on the premise that the assessee's profit from such dealings would have been higher than disclosed. The entire issue was at large before the Appellate Commissioner. It is well known that the Commissioner (Appeals) while hearing the 7 ITA 255/JP/2020_ Virendra Singh Bhadauriya Vs Pr.CIT assessee

RAVI HALDIA,C/O HALDIA MULTIPOINT HOUSE vs. DCIT, CIRCLE-1, JAIPUR, JAIPUR

In the result, both appeals of the assessee are partly

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

bogus purchases but the issue is in regard to purchases made in the regular course of business but some of the purchases could not be got verified mainly on account of non availability of correct postal address of few sellers at that point of time, i.e. in AY 2004-05. However confirmed copy of statement of account of the seller

RAVI HALDIA,HALDIA MULTIPOINT HOUSE vs. DCIT, CIRCLE-1, JAIPUR, JAIPUR

In the result, both appeals of the assessee are partly

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

bogus purchases but the issue is in regard to purchases made in the regular course of business but some of the purchases could not be got verified mainly on account of non availability of correct postal address of few sellers at that point of time, i.e. in AY 2004-05. However confirmed copy of statement of account of the seller

M/S VXA GLOBAL LLP,JAIPUR vs. INCOME TAX OFFICER, WARD 1(1), JAIPUR, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 142(1) of the Act and show cause notices. Hence, the AO observed that the assessee is totally non-responsive and the AO made an addition of Rs.1,70,61,500/- u/s 37(1) of the Act in the hands of the assessee by observing as under:- ‘’8. Conclusion a) Thus, in view of the above it is pertinent

VINOD GUPTA,JHUNJHUNU vs. INCOME TAX OFFICER, JHUNJHUNU

Appeal is disposed of and the impugned addition is restricted to Rs

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

70 lakhs under section 68 of the Act observing that when the assessee had already offered sales realisation and such income is accepted by the Assessing Officer to be the income of the assessee, addition of the same amount once again under section 68 of the Act would tantamount to double taxation of the same income. In view

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. NARESH KUMAR GUPTA, SRIGANGANAGAR

In the results the appeal of the revenue stands dismissed and the

Bench: Him The Order Passed Under Section 143(3) Of The Income Tax Act, [ For Short “Act” ] By The Acit, Circle, Sri Ganganagar [

bogus purchases can be added to arrive at the net income of the appellant. The appellant is a trader and not a manufacturer of the oil in which the appellant is dealing. The books of accounts of the appellant have been rejected in the assessment order. During the survey proceedings the appellant has already offered an additional income of Rs.1

SHRI ARNAV GOYAL,JAIPUR vs. ITO, WARD-2(4), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

section 10(38) for holding the profit from the sale of shares as exempt have duly been fulfilled by the assessee, thus in no circumstances it could be held as bogus or sham transaction more particularly when no corroborative evidence was brought on record by the department to hold that assessee had introduced his undisclosed income in the garb

BIRENDRA SINGH NIRBHAY,SIRSI ROAD JAIPUR RAJASTHAN vs. ITO WARD 3(1) JAIPUR, NCRB INCOME TAX DEPARTMENT STATUE CIRCLE JAIPUR RAJASTHAN

In the result, the appeal of the assessee is allowed

bogus purchases, the Hon'ble\nHigh Court of Gujarat has decided issue in favour of the revenue. The Ld CIT (A)\nhad also put the para 6 of the aforesaid order, where-in, the entire purchases\nshown on the basis of fictitious invoices debited in the trading account is\ndisallowed by the court.\nIt is ample clear that the aforesaid

PEEYUSH AGARWAL,JAIPUR, RAJASTHAN vs. ITO, WARD 1(5), JAIPUR, JAIPUR, RAJASTHAN

In the result Ground and 1 and 2 raised by the assessee are allowed

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

bogus purchases, and non­existing 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 and we see no reason to find any fault

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.

70-A, Near Valmiki Bhawan, Gupta Ward 5(4), Garden, Ajmer Road, Jaipur. Jaipur. PAN No.: ABEPA 3189 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri S.L. Poddar (Adv) jktLo dh vksj ls@ Revenue by : Smt. Runi Pal (Addl.CIT) lquokbZ dh rkjh[k@ Date of Hearing : 29/11/2021 mn?kks"k.kk dh rkjh[k@ Date

MAHESH KUMAR GUPTA,JAIPUR vs. ACIT ,CIRCLE-4, JAIPUR

In the result, appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant 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 circumstances of the case is not accepted and we see no reason to interfere

NARAIN LAL AGRAWAL,JAIPUR vs. DCIT CIRCLE 1 JAIPUR, JAIPUR

In the result the appeal of the assessee is allowed

purchase consideration, i.e. Rs.1,70,40,000/- may\nplease be adopted and addition made by Id.AO and confirmed by Id.CIT(A) by\ninvoking provisions of section 56(2)(x) deserves to be deleted.\nWithout prejudice to above, groundwise submission is made as under:\nGrounds of Appeal No. 1 to 1.4:\nIn all these grounds of appeal, assessee has challenged

M/S. G.B.IMPEX,JAIPUR vs. ITO, WARD-6(3), JAIPUR

In the result, the appeal of the assessee is dismissed

70,41,725 3,30,962 4.70% Exports & Imports Swapan 28,85,953 30,49,980 1,64,027 5.38% Shree Jewels Rishabh 58,27,522 61,00,165 2,72,643 4.47% International Shyam 13,23,601 13,89,216 65,615 4.72% International RidhiSidhi 15,94,080 16,67,978 73,898 4.43% Jewellers 5 M/s G.B. Impex