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)

section 145(3). Ground no. 3 relates to trading addition of Rs. 1,95,137/- by taking the G.P @ 30%. Ground no. 8, 9 and 10 relate to disallowance of unverifiable purchase particularly cash purchase and URD amounting to Rs. 13,00,000/- 3.2 The aforesaid issues have come up for consideration in the appeal of the appellant himself

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 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. 44,61,000/- in the income of the assessee. 4. Aggrieved from the order of the Assessing Officer, assessee preferred an appeal before the ld. CIT(A)/NFAC challenging

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)

bogus purchase bills from the above entry providers. In the list supplied by the DCIT, CC-4, Surat name of the assessee Shri Sunder Das Sonkia (Prop. M/s S. Naveen Jewellers) also find place who had obtained purchase bills amounting to Rs. 1,73,34,424/- from Mis Aadi Impex (Prop. Anoop Jain), M/s Arihant 5 DCIT vs. Sunder

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

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)

8. The ld. AO based on the finding and information received alleged that the assessee indulged in bill shopping from bogus concern M/s. Unnati Alloys Private Limited. During enquiries it was found that Moral Alloys Private Limited in an effective period 4 years (FY 2011-12 to 2014-15) has made turnover of Rs. 856 crores in its bank account

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

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

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)

bogus purchases from a known entry operator and reversed a partial relief previously granted by the ITAT. The Gujarat High Court in the same matter emphasized that where the supplier is non-existent or not traceable, and where goods are not proved to be delivered, the entire claim of purchase is liable to be disallowed under sections

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 148 notice, and to share all the outcomes of the third parties enquirers made by you, information, details, documents and 8 Shri Prem Industries vs. ITO evidences available with you and statements of third parties recorded by you so that we can submit our complete reply and submission at one go, but you have not provided us the same

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)

8. For assessment year 1999-2000, AY 2000-01 and AY 2003-04, then assessing officer held the assessee has declared purchases from the persons who were simply issuing bogus purchases vouchers and Govindam Export vs. DCIT there were no export sales by assessee and only laundering of unaccounted money was made for claiming deduction u/s 80HHC by bringing

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

8,46,70,623/-. 15. In Vijay Proteins Ltd vs Commissioner Of Income Tax, decided by Hon’ble Gujarat High Court, on 9 December, 2014, the question that arose for consideration was: “whether the entire amount of the said bogus purchases and freight payments made in relation thereto should have been disallowed or the assessee should have been held

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

8 to 9 of assessment order- “3.8. Further, the assessee has claimed deduction u/s 54F of the IT Act, 1961 on purchase of two flats in the same locality which is also not allowable as per provisions of section 54F of the IT Act, 1961. As per provisions of section 54F, assessee can purchase or construct a new house property

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)

section 145(3), consequential rejection of books of accounts of the assessee, treatment of purchases of Rs. 31,99,996/- made by the assessee from M/s. Sun Diam as not verifiable and consequential addition of Rs. 7,99,999/-, being 25% of above mentioned alleged unverifiable purchases of Rs. 31,99,996/-, and levy of tax thereon. In support

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:

bogus purchases from four companies. The A.O. has not examined the information received by him to verify whether assessee has made any purchases from these parties and whether the same is reflected in the accounts or not. The reasons recorded are vague, all consequent proceeding are also illegal and invalid. The AO mechanically and blindly 7 ITA 1383/JP/2019 & 09/JP/2020_

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

ACIT, CENTRAL CIRCLE-3, JAIPUR vs. M/S. LAKHI GEMS, JAIPUR

In the result, ground of appeal taken by the Revenue as well as that of the assessee is hereby dismissed

8 ITA No. 1306/JP/2019 & CO No. 04/JP/2020 ACIT, Jaipur Vs. M/s Lakhi Gems, Jaipur come back to the assessee. The assessee has filed the linking chart of purchases made by the assessee with the export sales. The profit earned on sale of the stock purchased from these parties is more than the profit earned on sale of stock purchased from