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

89,438/- are made for on behalf of other traders and assessee has just earned commission on such transaction hence the should not be treated as bogus purchases and any no addition on account of estimation of Profit on the said purchase be made." The AR of the assessee further filed his reply on 15.12.2016 which is as under

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 147/148 of the Act to reopen the assessments for the AYs in question does not satisfy the requirement of law.". The facts of the present case are exactly similar to above cited four cases and hence it is sincerely requested that the whole proceedings u/s 147 may kindly be declared void ab initio and the order so passed

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

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 was Rs. 89,03,956/-. During the assessment proceedings conducted under section 147 read with section 144B of the Act, multiple

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

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

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 sale bills without supplying the goods mentioned in the bills. After search (20.05.2009) the case of the assesssee was centralized with ACIT, Central Circle-1, Jaipur, who issued notice under Section-153A to the assessee company on 23.09.2009. In response the return was filed on 28.04.2011, declaring income of Rs. 17,86,470. Assessment was completed

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

bogus sale bills without supplying the goods mentioned in the bills. After\nsearch (20.05.2009) the case of the assesssee was centralized with ACIT,\nCentral Circle-1, Jaipur, who issued notice under Section-153A to the assessee\ncompany on 23.09.2009. In response the return was filed on 28.04.2011,\ndeclaring income of Rs. 17,86,470. Assessment was completed

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

bogus sale bills without supplying the goods mentioned in the bills. After\nsearch (20.05.2009) the case of the assesssee was centralized with ACIT,\nCentral Circle-1, Jaipur, who issued notice under Section-153A to the assessee\ncompany on 23.09.2009. In response the return was filed on 28.04.2011,\ndeclaring income of Rs. 17,86,470. Assessment was completed

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

purchase and sale of shares, it can be good reason to treat transactions as bogus difference of case of Udit Kalra attempted by Ld. AR does not add any credence to justify transactions. Investigation Wing has also conducted enquires which proved that assessee is also one of beneficiaries of transactions and entries provided, Even BSE listed this company as being

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

purchase and sale of shares, it can be good reason to treat transactions as bogus difference of case of Udit Kalra attempted by Ld. AR does not add any credence to justify transactions. Investigation Wing has also conducted enquires which proved that assessee is also one of beneficiaries of transactions and entries provided, Even BSE listed this company as being

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_

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

bogus sale bills without supplying the goods mentioned in the bills. After\nsearch (20.05.2009) the case of the assesssee was centralized with ACIT,\nCentral Circle-1, Jaipur, who issued notice under Section-153A to the assessee\ncompany on 23.09.2009. In response the return was filed on 28.04.2011,\ndeclaring income of Rs. 17,86,470. Assessment was completed

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

bogus sale bills without supplying the goods mentioned in the bills. After\nsearch (20.05.2009) the case of the assesssee was centralized with ACIT,\nCentral Circle-1, Jaipur, who issued notice under Section-153A to the assessee\ncompany on 23.09.2009. In response the return was filed on 28.04.2011,\ndeclaring income of Rs. 17,86,470. Assessment was completed

DCIT, JAIPUR vs. JADAU JEWELLERS & MFG (P) LTD., JAIPUR

In the result, the appeals filed by the assessee are partly allowed and that of the Revenue are dismissed

Section 40(a)(ia) provides for certain disallowances in certain cases notwithstanding that those amounts are generally allowed under the general section. The computation u/s.29 has to be made u/s.145 on the basis of books of account regularly maintained by the assessee which the Assessing Officer did by estimating the profit at 5% of the sales. The learned Counsel

INCOME TAX OFFICER, JAIPUR vs. MOTISONS JEWELLERS LTDL, JAIPUR

89 that he is employee of the Motisons but not remember about purchase 2 4370 16.08.2016 Ghansh 94147803 1000 Debtor not yam Ji 77 confirm Gupta about purchase 3 7824 28.10.2016 Nirmala 99280772 50000 No out of Jain 13 service call done on 15.12.2019 at 5.30PM 4 7834 28.10.2016 Vijay Ji 94140788 57000 No response Gokhro 92 by debtor

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

section 147/143(3) dated 17.12.2018, and the merged order dated 25.02.2019 u/s 154 of IT Act, 1961 and direct a fresh assessment to be made in accordance with provisions of law.” 7. Feeling dissatisfied with the finding recorded by the ld. PCIT, Central, Jaipur in an order passed u/s. 263 of the Act, the assessee preferred the present appeal challenging

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