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) is invoked in this case. In view of\nthe above discussion it is held that purchase of Rs. 1,73,34,424/- from M/s Aadilmpex,\nM/s Sun Diam, M/s Arihant Exports and M/s Kriyalmpex Pvt Ltd. as discussed in above\nparas are bogus

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

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

bogus purchases = Rs. 22,21,78,361 * 15%). Ld. CIT(A) restricted the disallowance to Rs. 30,13,471 (Total purchases = Rs.60,26,94,181* 0.5%) 2. Submission 2.1. The assessee for the year under consideration was liable to get his accounts audited as per the provisions of Section 44AB of the Income Tax Act, 1961. 2.2. The tax auditor

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 purchases = Rs. 22,21,78,361 * 15%). Ld. CIT(A) restricted the disallowance to Rs. 30,13,471 (Total purchases = Rs.60,26,94,181* 0.5%) 2. Submission 2.1. The assessee for the year under consideration was liable to get his accounts audited as per the provisions of Section 44AB of the Income Tax Act, 1961. 2.2. The tax auditor

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)

Sections 68 and 69C of the Income Tax Act. The entire purchases shown on the basis of fictitious invoices have been debited in the trading account since the transaction has been found to be bogus. The Tribunal having once come to a categorical finding that the amount of Rs. 2,92,93,288/-represented alleged purchases from bogus suppliers

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 145(3) is illegal and unjustified and deserves to be quashed. Ground No. 1 : That under the facts and circumstances of the case, the Id. CIT (A) has erred seriously on facts in sustaining the action of the ld. AO in considering purchases of a sum of Rs. 3,21,93,468 made from 11 parties as bogus

INCOME TAX OFFICER WARD-1(1), JAIPUR vs. KIRAN INFRA ISPAT LIMITED, JAIPUR

Section 37(1) of the Income-tax Act, 1961 - Business expenditure -\nAllowability of (Bogus purchase) - Certain portion of purchases made by\nassessee was disallowed Commissioner (Appeals) found that entire\ndisallowance was based on third party information gathered by Investigation\nWing of Department, which had not been independently subjected to further\nverification by Assessing Officer and he had not provided copy

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 115BBE no deduction is allowable to the assessee as assessee purchased the material from grey market in cash. A.Y. 2011-12- Revenue ‘’1. Whether on the facts and in the circumstances of the face, the ld. CIT(A) was right in deleting the addition of Rs. 2,73,47,135/- u/s 69C on account of bogus

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

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

bogus purchases of Rs. 6,26,90,957/- made with M/s Atharv Business Pvt. Ltd, of Rs. 2,13,72,050/-, M/s Casper Enterprises Pvt. Ltd. of Rs. 2,83,18,907/- and from M/s Olive Overseas Pvt. Ltd, of Rs. 1,30,00,000/- are hereby added to the total income of the assessee treating the same as undisclosed

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

bogus purchases of Rs. 6,26,90,957/- made with M/s Atharv Business Pvt. Ltd, of Rs. 2,13,72,050/-, M/s Casper Enterprises Pvt. Ltd. of Rs. 2,83,18,907/- and from M/s Olive Overseas Pvt. Ltd, of Rs. 1,30,00,000/- are hereby added to the total income of the assessee treating the same as undisclosed

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

section 145 need not have been invoked and the addition for purchases as bogus was wrong as the consumption stood fully proved and the existence of selling parties could not be denied. It upheld the basis of valuation of closing stock of work-in-progress and hence deleted the additions of Rs. 1,48,93,286 made

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)

73,007/- 14,55,832/- export remittance Export sales treated as bogus (after 5,38,911 60,57,063 1,31,02,491 allowing expenses @10% of turnover ) Total Addition by AO 5,38,911 60,57,063 1,31,02,491 First appellate proceeding / First round of litigation Govindam Export vs. DCIT 9. The assessee challenged the finding

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

bogus (after\nallowing expenses @10% of turnover)\nTotal Addition by AO\nAY 99-00\n5,98,789/-\n5,98,789/-\n59,878/-\n5,38,911\n5,38,911\nAY 2000-01\n67,30,070/-\n67,30,070/-\n6,73

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

bogus (after\nallowing expenses @10% of turnover)\nTotal Addition by AO\nAY 99-00\nAY 2000-01\nAY 2003-04\n5,98,789/- 67,30,070/- 1,45,58,323/-\n5,98,789/- 67,30,070/- 1,45,58,323/-\n59,878/- 6,73

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

Section 263 of the Act were proper and legal and the Tribunal committed a serious error in reversing such decisions. Mr. Arif Ali, learned Advocate appearing for the appellant in ITAT No. 44 of 2020 (Assessee-Gupta Agarwal) submitted that the facts which have been set out in the memorandum of appeal, is wholly incorrect and does not pertain

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

Section 263 of the Act were proper and legal and the Tribunal committed a serious error in reversing such decisions. Mr. Arif Ali, learned Advocate appearing for the appellant in ITAT No. 44 of 2020 (Assessee-Gupta Agarwal) submitted that the facts which have been set out in the memorandum of appeal, is wholly incorrect and does not pertain

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

73,007/-\n14,55,832/-\nExport sales treated as bogus (after\nallowing expenses @10% of turnover)\n5,38,911\n60,57,063\n1,31,02,491\nTotal Addition by AO\n5,38,911\n60,57,063\n1,31,02,491\nFirst appellate proceeding / First round of litigation\n9.\nThe assessee challenged the finding of the Id. AO for all these

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

bogus (after\nallowing expenses @10% of turnover)\nTotal Addition by AO\nAY 99-00\n5,98,789/-\n5,98,789/-\n59,878/-\n5,38,911\n5,38,911\nAY 2000-01\n67,30,070/-\n67,30,070/-\n6,73