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137 results for “bogus purchases”+ Exemptionclear

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Key Topics

Section 14789Addition to Income80Section 14869Section 6865Section 143(3)56Section 115J41Section 10(38)37Section 25035Penny Stock35

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

ITA 1729/KOL/2024[2017-18]Status: DisposedITAT Kolkata11 Feb 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri A.K. Tulsyan, ARFor Respondent: Shri Abhijit Kundu, DR
Section 14ASection 68Section 69C

exempt income to Rs. 86,368/- in contravention of CBDT's Circular No. 5/2014 dated 11/02/2014?” 04. Brief facts of the case are that the assessee filed the return of income on 29.09.2015, declaring total loss of ₹10,22,220/-, which was selected for scrutiny under Computer Assisted Scrutiny Selection (CASS). The statutory notices along with questionnaires were duly issued

DEPUTY COMMISSOENR OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

Showing 1–20 of 137 · Page 1 of 7

Section 143(2)32
Disallowance32
Long Term Capital Gains28

In the result, both the appeals of the Revenue are dismissed

ITA 1728/KOL/2024[2015-16]Status: DisposedITAT Kolkata11 Feb 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri A.K. Tulsyan, ARFor Respondent: Shri Abhijit Kundu, DR
Section 14ASection 68Section 69C

exempt income to Rs. 86,368/- in contravention of CBDT's Circular No. 5/2014 dated 11/02/2014?” 04. Brief facts of the case are that the assessee filed the return of income on 29.09.2015, declaring total loss of ₹10,22,220/-, which was selected for scrutiny under Computer Assisted Scrutiny Selection (CASS). The statutory notices along with questionnaires were duly issued

M/S. DIVINE ALLOYS & POWER CO. LIMITED ,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed and that of the revenue is partly allowed

ITA 1632/KOL/2017[2012-13]Status: DisposedITAT Kolkata20 Jun 2023AY 2012-13

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 Divine Alloys & Power Co. Ltd. Deputy Commissioner Of Block-A-139, Regent Estate, Income - Tax, Circle-3(1), Vs. 176/14/139, Rajpur Road, Kolkata. Kolkata-700092. (Pan: Aaccd 1367 Q) (Appellant) (Respondent)

For Appellant: N o n eFor Respondent: Shri Abhijit Kundu, CIT, DR
Section 143(3)

bogus bills, it is observed that what is under dispute is the purchase from the parties from whom bills have been taken and cheques have been issued to them. There is nothing on record which substantiates that quantitative detail of stock with respect to purchase and sales have been furnished and analysed by the authorities below to demonstrate that there

DCIT, CIRCLE-3(1), KOLKATA, KOLKATA vs. M/S. DIVINE ALLOYS & POWER CO. LIMITED , KOLKATA

In the result, appeal of the assessee is dismissed and that of the revenue is partly allowed

ITA 1838/KOL/2017[2014-15]Status: DisposedITAT Kolkata20 Jun 2023AY 2014-15

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 Divine Alloys & Power Co. Ltd. Deputy Commissioner Of Block-A-139, Regent Estate, Income - Tax, Circle-3(1), Vs. 176/14/139, Rajpur Road, Kolkata. Kolkata-700092. (Pan: Aaccd 1367 Q) (Appellant) (Respondent)

For Appellant: N o n eFor Respondent: Shri Abhijit Kundu, CIT, DR
Section 143(3)

bogus bills, it is observed that what is under dispute is the purchase from the parties from whom bills have been taken and cheques have been issued to them. There is nothing on record which substantiates that quantitative detail of stock with respect to purchase and sales have been furnished and analysed by the authorities below to demonstrate that there

DCIT, CIRCLE-8(1), KOLKATA, KOLKATA vs. ITC LIMITED, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1222/KOL/2017[2010-11]Status: DisposedITAT Kolkata10 May 2024AY 2010-11

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

exempt income as well as those securities not yielding any income during the year. Accordingly ground no. 5 is allowed. 25. Issue raised in additional ground no. 8 is against the order of AO not allowing the adjustment of interest payment on income tax dues against the interest received on income tax refund. 26. Facts in brief are that during

ITC LIMITED,KOLKATA vs. ACIT, RANGE-8, KOLKATA, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1068/KOL/2017[2010-11]Status: DisposedITAT Kolkata10 May 2024AY 2010-11

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

exempt income as well as those securities not yielding any income during the year. Accordingly ground no. 5 is allowed. 25. Issue raised in additional ground no. 8 is against the order of AO not allowing the adjustment of interest payment on income tax dues against the interest received on income tax refund. 26. Facts in brief are that during

DCIT, CIRCLE-8(1), KOLKATA, KOLKATA vs. ITC LIMITED, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1223/KOL/2017[2011-12]Status: DisposedITAT Kolkata10 May 2024AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

exempt income as well as those securities not yielding any income during the year. Accordingly ground no. 5 is allowed. 25. Issue raised in additional ground no. 8 is against the order of AO not allowing the adjustment of interest payment on income tax dues against the interest received on income tax refund. 26. Facts in brief are that during

ITC LIMITED,KOLKATA vs. ACIT, RANGE-8, KOLKATA, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1166/KOL/2017[2011-12]Status: DisposedITAT Kolkata10 May 2024AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

exempt income as well as those securities not yielding any income during the year. Accordingly ground no. 5 is allowed. 25. Issue raised in additional ground no. 8 is against the order of AO not allowing the adjustment of interest payment on income tax dues against the interest received on income tax refund. 26. Facts in brief are that during

M/S. GUNNY DEALERS LTD. ,KOLKATA vs. ITO, TECH-1, KOLKATA, KOLKATA

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

ITA 1373/KOL/2023[2012-13]Status: DisposedITAT Kolkata27 Jun 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1373/Kol/2023 Assessment Years: 2012-13 M/S Gunny Dealers Ltd…………………....................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcg0019R] Vs. Ito, Tech-1, Kolkata………….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 30, 2024 Date Of Pronouncing The Order : June 27, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Ought To Haye Considered That The Order U/S 143(3) Was Passed By An Authority Who Lacks Jurisdiction Over The Appellant & As Such, The Said Order Is Bad In Law & Is Liable To Be Quashed. 2. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Disallowance Of

Section 131Section 143(3)Section 250Section 36(1)(va)Section 40A(3)

exemption under Rule 6DD. Further, the assessee furnished the following documents / records in support of the genuinity of above-mentioned cash purchases - (i) Party wise details of purchases (ii) Purchase Register (ii) Stock Register (iv) Cash Book and Bank Book showing withdrawals from bank and payment to parties (v) GRNs mentioning details of raw jute purchased, which also mentions vehicle

ACIT, CIRCLE - 11(2) , KOLKATA vs. M/S. SAFAL PROPERTIES PVT. LTD., , KOLKATA

In the result, appeal of the revenue is dismissed

ITA 2515/KOL/2018[2013-14]Status: DisposedITAT Kolkata16 Mar 2023AY 2013-14

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2013-14

For Appellant: Shri Vijay Kumar, Addl. CITFor Respondent: Shri Saurav Bagharia & Shri Ritesh Goel, AR
Section 143(3)Section 14ASection 40A(2)

Bogus Purchase related to the earlier issue of undisclosed stock, which is related in nature. The Ld. CIT(A) should have referred this issue also to the AO for verification and furnishing Remand Report. 6. That the appellant craves to add, alter/or amend any of the grounds of appeal during the course of hearing.” 3. Brief facts of the case

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), KOLKATA, KOLKATA vs. AXIS OVERSEAS LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 2425/KOL/2024[2013-14]Status: DisposedITAT Kolkata03 Dec 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Tax, Cc 1(1), Kolkata Axis Overseas Limited Aaykar Bhawan Poorva, 21A, Shakespeare Sarani, Vs. 3Rd Floor, Kolkata-700107, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagca7497L Assessee By : Shri Siddharth Agarwal, Ar Revenue By : Shri P.N. Barnwal, Dr Date Of Hearing: 13.11.2025 Date Of Pronouncement: 03.12.2025

For Appellant: Shri Siddharth Agarwal, ARFor Respondent: Shri P.N. Barnwal, DR
Section 133(6)Section 68

bogus in nature. Further, as per the details furnished by the appellant, it is clear that the AO has acted on the wrong facts because both the lender companies had shown the said transactions with assessee in the accounts under the head “Sundry Debtors” and they have furnished the accounts confirmations as well. Hence, the Axis Overseas Limited

SHRI KISHORE KUMAR AGARWAL,KOLKATA vs. A.C.I.T.,CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

ITA 2530/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Apr 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah & Shri S. M. Surana, AdvocateFor Respondent: Shri P. P. Barnab, Addl. CIT, Sr. DR
Section 132Section 133ASection 143(3)

purchaser's identity is never disclosed to the seller. 5. For that the Ld. CIT(A) perverse and on the facts and circumstances of the case the addition of Rs.87,36,730/- was not in accordance with law, Tax effect is stated in Ground No.2. 6. For that the Ld. CIT(A) erred in confirming the addition of Rs.4

SHRI KAMAL AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

ITA 2522/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Apr 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah & Shri S. M. Surana, AdvocateFor Respondent: Shri P. P. Barnab, Addl. CIT, Sr. DR
Section 132Section 133ASection 143(3)

purchaser's identity is never disclosed to the seller. 5. For that the Ld. CIT(A) perverse and on the facts and circumstances of the case the addition of Rs.87,36,730/- was not in accordance with law, Tax effect is stated in Ground No.2. 6. For that the Ld. CIT(A) erred in confirming the addition of Rs.4

SHRI SHREY AGARWAL,KOLKATA vs. A.C.I.T.,CIRCLE-3(40, KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

ITA 2565/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Apr 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah & Shri S. M. Surana, AdvocateFor Respondent: Shri P. P. Barnab, Addl. CIT, Sr. DR
Section 132Section 133ASection 143(3)

purchaser's identity is never disclosed to the seller. 5. For that the Ld. CIT(A) perverse and on the facts and circumstances of the case the addition of Rs.87,36,730/- was not in accordance with law, Tax effect is stated in Ground No.2. 6. For that the Ld. CIT(A) erred in confirming the addition of Rs.4

SHRI DINESH AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

ITA 2624/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Apr 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah & Shri S. M. Surana, AdvocateFor Respondent: Shri P. P. Barnab, Addl. CIT, Sr. DR
Section 132Section 133ASection 143(3)

purchaser's identity is never disclosed to the seller. 5. For that the Ld. CIT(A) perverse and on the facts and circumstances of the case the addition of Rs.87,36,730/- was not in accordance with law, Tax effect is stated in Ground No.2. 6. For that the Ld. CIT(A) erred in confirming the addition of Rs.4

SHRI MAHESH AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

ITA 2539/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Apr 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah & Shri S. M. Surana, AdvocateFor Respondent: Shri P. P. Barnab, Addl. CIT, Sr. DR
Section 132Section 133ASection 143(3)

purchaser's identity is never disclosed to the seller. 5. For that the Ld. CIT(A) perverse and on the facts and circumstances of the case the addition of Rs.87,36,730/- was not in accordance with law, Tax effect is stated in Ground No.2. 6. For that the Ld. CIT(A) erred in confirming the addition of Rs.4

SHRI VIJAY AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

ITA 2623/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Apr 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah & Shri S. M. Surana, AdvocateFor Respondent: Shri P. P. Barnab, Addl. CIT, Sr. DR
Section 132Section 133ASection 143(3)

purchaser's identity is never disclosed to the seller. 5. For that the Ld. CIT(A) perverse and on the facts and circumstances of the case the addition of Rs.87,36,730/- was not in accordance with law, Tax effect is stated in Ground No.2. 6. For that the Ld. CIT(A) erred in confirming the addition of Rs.4

SHRI AMIT AGARWAL,KOLKATA vs. A.C.I.T.,CC-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

ITA 2592/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Apr 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah & Shri S. M. Surana, AdvocateFor Respondent: Shri P. P. Barnab, Addl. CIT, Sr. DR
Section 132Section 133ASection 143(3)

purchaser's identity is never disclosed to the seller. 5. For that the Ld. CIT(A) perverse and on the facts and circumstances of the case the addition of Rs.87,36,730/- was not in accordance with law, Tax effect is stated in Ground No.2. 6. For that the Ld. CIT(A) erred in confirming the addition of Rs.4

ARTI SURANA,HOWRAH vs. I.T.O., WARD - 47(1), KOLKATA, KOLKATA

The appeal of the assessee is allowed for statistical purposes

ITA 1405/KOL/2024[2018-2019]Status: DisposedITAT Kolkata27 Jan 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1405/Kol/2024 Assessment Year: 2018-19 Arti Surana………………………………..……………………….....Appellant Flat 5Cd, Block Iv, 5Th Floor, Vivek Vihar, Phase V, 493/C/A, G. T Road (South), Howrah-711101. [Pan: Akcpp7261L] Vs. Ito, Ward-47(1), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Rajkumar Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Ashutosh Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 15, 2025 Date Of Pronouncing The Order : January 27, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Her Return Of Income For The Assessment Year 2018-19 By Declaring Total Income Of Rs.3,23,590/-. The Assessing Officer Found The Assessee Has Showed Income Under The Heads Of Short-Term Capital Gain & Other Sources. The Assessee Claimed Exemption Under The Head Of Short-Term Capital Gain From Transaction On Which Securities Transaction Tax Is Paid. However, During The Assessment Proceedings, The Department Received Information Which Indicated That The Assessee Had Traded In Shares Of Amm Ltd. & Eml Scrip Code (538653) To The

Section 133(6)Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69Section 69A

exemption under the head of short-term capital gain from transaction on which securities transaction tax is paid. However, during the assessment proceedings, the department received information which indicated that the assessee had traded in shares of AMM Ltd. & EML scrip code (538653) to the I.T.A. No.1405/Kol/2024 Assessment Year: 2018-19 Arti Surana tune of Rs.3,52,000/- during

MEGAPODE VYAPAAR PVT. LTD.,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 1(2), KOLKATA, KOLKATA

In the result, both the appeals of the assessee in ITA Nos

ITA 100/KOL/2023[2014-2015]Status: DisposedITAT Kolkata13 Sept 2024AY 2014-2015

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Rites Goel, ARFor Respondent: Shri P.P. Barman, DR
Section 143(2)Section 143(3)

bogus loss, it in itself means, that the genuineness of purchases of equity shares of Blue Circle Services Ltd., has not been disputed by the revenue authorities. The assessee in this case has purchased 5232616 equity shares. The ld. AO has also referred to the equity shares price chart of Blue Circle Services Ltd., wherein there is a steep upward