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377 results for “bogus purchases”+ Natural Justiceclear

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Key Topics

Section 148121Addition to Income84Section 14782Section 6866Section 25051Section 143(3)49Section 10(38)28Natural Justice27Section 148A25Long Term Capital Gains

ACIT, CIRCLE - 34, KOLKATA , KOLKATA vs. BHAWARLAL ALOKE KUMAR , KOLKATA

Appeal is dismissed

ITA 779/KOL/2018[2014-15]Status: DisposedITAT Kolkata03 May 2019AY 2014-15

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2014-15 Acit, Cicle-34, V/S. Bhawarlal Aloke Kumar Aayakar Poorva, 7Th P-12, New Howrah Bridge Approach Road, 4Th Floor, Floor, 110, Shantipally, Kolkatka-107 Kolkta-700001 [Pan No.Aadfb 0620 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Robin Choudhury, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant None ""यथ" क" ओर से/By Respondent 04-02-2019 सुनवाई क" तार"ख/Date Of Hearing 03-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee‘S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income Tax (Appeals)-10, Kolkata’S Order Dated 23.01.2018 Passed In Case No.224/Cit(A)-10/C-34/14-15/16-17/Kol, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At The Assessee’S Behest Despite The Registry Having Sent An Rpad Notice. It Is Accordingly Proceeded Ex Parte. 2. Revenue’S Sole Substantive Grievance Raised In The Instant Appeal Seeks To Challenge Correctness Of Cit(A)’S Action Partly Upholding Assessing Officer’S Findings Disallowing Assessee’S Purchase(S) Of ₹3,22,28,000/- Only To The Extent Of 15% Vide Impugned Following Detailed Discussion:- “06. Findings &. Decision:

Section 143(3)

bogus purchases for assessment years 2008-09 and 2009-10 also. These appeals are partly allowed. 14. In the result, all the three appeals are partly allowed. Order pronounced in the open court on 13th September, 2017. [Unquote] 8. Accordingly, in my view, a fairly estimated addition on account of the Net Profit out of aggregate purchases made from

Showing 1–20 of 377 · Page 1 of 19

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24
Disallowance23
Section 13219

MANOJ BEGANI,KOLKATA vs. ACIT, CIRCLE-44, KOLKATA, KOLKATA

In the result, all the appeals of assessee are partly allowed

ITA 934/KOL/2017[2011-12]Status: DisposedITAT Kolkata15 Dec 2017AY 2011-12

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

Section 142(1)Section 143(1)Section 147Section 148

Natural Justice. One such rule is that he shall not use any material against the assessee without giving him an opportunity to meet it. In short, the AO cannot assess by keeping the assessee in the dark as to materials against him. In the instant case, the AO kept the assessee in the dark about the statement of Shri Rajendra

MANOJ BEGANI,KOLKATA vs. ACIT, CIRCLE-44, KOLKATA, KOLKATA

In the result, all the appeals of assessee are partly allowed

ITA 936/KOL/2017[2014-15]Status: DisposedITAT Kolkata15 Dec 2017AY 2014-15

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

Section 142(1)Section 143(1)Section 147Section 148

Natural Justice. One such rule is that he shall not use any material against the assessee without giving him an opportunity to meet it. In short, the AO cannot assess by keeping the assessee in the dark as to materials against him. In the instant case, the AO kept the assessee in the dark about the statement of Shri Rajendra

MANOJ BEGANI,KOLKATA vs. ACIT, CIRCLE-44, KOLKATA, KOLKATA

In the result, all the appeals of assessee are partly allowed

ITA 932/KOL/2017[2008-09]Status: DisposedITAT Kolkata15 Dec 2017AY 2008-09

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

Section 142(1)Section 143(1)Section 147Section 148

Natural Justice. One such rule is that he shall not use any material against the assessee without giving him an opportunity to meet it. In short, the AO cannot assess by keeping the assessee in the dark as to materials against him. In the instant case, the AO kept the assessee in the dark about the statement of Shri Rajendra

MANOJ BEGANI,KOLKATA vs. ACIT, CIRCLE-44, KOLKATA, KOLKATA

In the result, all the appeals of assessee are partly allowed

ITA 935/KOL/2017[2012-13]Status: DisposedITAT Kolkata15 Dec 2017AY 2012-13

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

Section 142(1)Section 143(1)Section 147Section 148

Natural Justice. One such rule is that he shall not use any material against the assessee without giving him an opportunity to meet it. In short, the AO cannot assess by keeping the assessee in the dark as to materials against him. In the instant case, the AO kept the assessee in the dark about the statement of Shri Rajendra

MANOJ BEGANI,KOLKATA vs. ACIT, CIRCLE-44, KOLKATA, KOLKATA

In the result, all the appeals of assessee are partly allowed

ITA 933/KOL/2017[2010-11]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-11

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

Section 142(1)Section 143(1)Section 147Section 148

Natural Justice. One such rule is that he shall not use any material against the assessee without giving him an opportunity to meet it. In short, the AO cannot assess by keeping the assessee in the dark as to materials against him. In the instant case, the AO kept the assessee in the dark about the statement of Shri Rajendra

BINOD KUMAR TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

ITA 1132/KOL/2018[2010-11]Status: DisposedITAT Kolkata14 Jan 2021AY 2010-11

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

Section 139Section 147Section 263Section 271(1)(c)

purchase of goods from the grey market and had obtained bogus bills of some other parties would do so for getting some benefit. However, on the principles of natural justice

MRS. PREMLATA TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

ITA 1131/KOL/2018[2011-12]Status: DisposedITAT Kolkata14 Jan 2021AY 2011-12

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

Section 139Section 147Section 263Section 271(1)(c)

purchase of goods from the grey market and had obtained bogus bills of some other parties would do so for getting some benefit. However, on the principles of natural justice

BINOD KUMAR TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

ITA 1133/KOL/2018[2011-12]Status: DisposedITAT Kolkata14 Jan 2021AY 2011-12

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

Section 139Section 147Section 263Section 271(1)(c)

purchase of goods from the grey market and had obtained bogus bills of some other parties would do so for getting some benefit. However, on the principles of natural justice

MRS. PREMLATA TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

ITA 1129/KOL/2018[2009-10]Status: DisposedITAT Kolkata14 Jan 2021AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

Section 139Section 147Section 263Section 271(1)(c)

purchase of goods from the grey market and had obtained bogus bills of some other parties would do so for getting some benefit. However, on the principles of natural justice

MRS. PREMLATA TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

ITA 1130/KOL/2018[2010-11]Status: DisposedITAT Kolkata14 Jan 2021AY 2010-11

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

Section 139Section 147Section 263Section 271(1)(c)

purchase of goods from the grey market and had obtained bogus bills of some other parties would do so for getting some benefit. However, on the principles of natural justice

PRATIK AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, C.C.-3(1), , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 2068/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

bogus capital gain. Though in the written submissions filed by the assessee arguments have been placed both on the legal issue as well as merits of the case, we will first take up the legal ground raised in the instant bunch of appeals. 14. The legal issue raised is that principles of natural justice have been violated

M/S. NISHIT AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 983/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

bogus capital gain. Though in the written submissions filed by the assessee arguments have been placed both on the legal issue as well as merits of the case, we will first take up the legal ground raised in the instant bunch of appeals. 14. The legal issue raised is that principles of natural justice have been violated

PINKY AGARWAL ,KOLKATA vs. ACIT, CC-3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 984/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

bogus capital gain. Though in the written submissions filed by the assessee arguments have been placed both on the legal issue as well as merits of the case, we will first take up the legal ground raised in the instant bunch of appeals. 14. The legal issue raised is that principles of natural justice have been violated

M/S. GATEWAY FINANCIAL SERVICES LTD., ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 982/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

bogus capital gain. Though in the written submissions filed by the assessee arguments have been placed both on the legal issue as well as merits of the case, we will first take up the legal ground raised in the instant bunch of appeals. 14. The legal issue raised is that principles of natural justice have been violated

M/S BIHARI LAL MALPANI,KOLKATA vs. ITO, WARD 43(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 527/KOL/2017[2013-14]Status: DisposedITAT Kolkata05 Apr 2019AY 2013-14

Bench: Shri Aby. T. Varkey & Shri M. Balaganeshi.T.A. No.527/Kol/2017 (Assessment Year 2013-14) M/S Bihari Lal Malpani Ito, Ward-43(1), Kolkata. -Vs- [Pan :Adupm 6438 R]

Section 10(38)Section 143(3)Section 68

bogus losses. I have also gone through the demat statement of the appellate. It was maintained with the authorized OP R. M. Shares Trading Pvt. Ltd (a third party). The purchased shares were very much deposited / credited in the demat account maintained with third party in due course and at the same time the sold shares were also debited from

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)

natural justice have been violated in the case of all the four assessees namely M/s. Gateway Financial Services Ltd., M/s. Nishit Agarwal Beneficiary Trust, Pinky Agarwal and Pratik Agarwal Beneficiary Trust. 35. In the preceding paragraphs, we have dealt with the legal issue regarding the matter that since the assessee has not been provided sufficient opportunity to cross examine those

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 99/KOL/2023[2013-2014]Status: DisposedITAT Kolkata13 Sept 2024AY 2013-2014

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)

natural justice have been violated in the case of all the four assessees namely M/s. Gateway Financial Services Ltd., M/s. Nishit Agarwal Beneficiary Trust, Pinky Agarwal and Pratik Agarwal Beneficiary Trust. 35. In the preceding paragraphs, we have dealt with the legal issue regarding the matter that since the assessee has not been provided sufficient opportunity to cross examine those

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

In the result the appeal of the assessee is allowed

ITA 763/KOL/2022[2013-2014]Status: DisposedITAT Kolkata11 Jan 2024AY 2013-2014

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 763/Kol/2022 Assessment Year: 2013-14 Nalanda Builders Pvt. Ltd. Dcit, Central Circle-2(1), Kolkata 5, Sree Charan Sarani Vs Bally Howrah – 711201 (West Bengal) [Pan : Aabcn7736Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, A/R Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 11/01/2024 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, [Hereinafter The “Ld. Cit(A)”] Dt. 23/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Issues Raised In Ground Nos. 2 To 4 Is Against The Confirmation Of Addition As Made By The Assessing Officer On Account Of Difference Between The Value Taken By The Assessee & The Fair Market Value (Fmv) U/S 50C Of The Act. 3. The Facts In Brief Are That During The Year, The Assessee Sold Two Flats For An Aggregate Consideration Of Rs.3,00,00,000/- & Accordingly Addition Of Rs.3,26,37,314/- Was Made To The Income Of The Assessee. In 2

For Appellant: Shri Soumitra Choudhury, A/RFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. D/R
Section 131Section 133(6)Section 250Section 50CSection 56(2)(x)

natural justice and 6 I.T.A. No. 763/Kol/2022 Assessment Year: 2013-14 Nalanda Builders Pvt. Ltd. has to be deleted. In defense of his arguments the ld AR relied on the decision of Andaman Timber Industries CCE(2015)281 CTR 241(SC) The ld AR argued that the assessment by the Assessing Officer is purely based on conjectures and surmises sans

SAMRAT FINVESTORS PRIVATE LIMITED. ,KOLKATA vs. ITO, WARD- 10(2),KOLKATA. , KOLKATA

In the result, appeal of the assessee is allowed

ITA 840/KOL/2023[2014-15]Status: DisposedITAT Kolkata11 Jan 2024AY 2014-15

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 840/Kol/2023 Assessment Year: 2014-15 Samrat Finvestors Private Limited Income Tax Officer, Ward – 10(2), 20/1, Maharshi Debendra Vs Kolkata 2Nd Floor, Room No. 13A Kolkata - 700007 [Pan : Aadcs4698G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, A/R Revenue By : Shri B.K. Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 14/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 11/01/2024 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, [Hereinafter The “Ld. Cit(A)”] Dt. 27/06/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. The Assessee In The Instant Appeal Has Raised Two Effective Issues In The Various Grounds Before Us Which Are Summed Up As Under:- (I) That The Ld. Cit(A) Has Erred On Facts & In Law In Confirming The Disallowance Of Rs.3,98,50,208/- As Made By The Assessing Officer On Account Alleged Bogus Loss In Share Trading & In F&O Segment. (Ii) The Ld. Cit(A) Has Erred On Facts & In Law In Upholding The Addition Of Rs.11,58,944/- As Made By The Assessing

For Appellant: Shri Soumitra Choudhury, A/RFor Respondent: Shri B.K. Singh, JCIT, Sr. D/R
Section 133(6)Section 14ASection 250

natural justice and has to be deleted. In defense of his arguments the ld AR relied on the decision of Andaman Timber Industries CCE(2015)281 CTR 241(SC) The ld A/R argued that the assessment by the Assessing Officer is purely based on conjectures and surmises sans any enquiry/investigation or substantive evidences and, therefore, cannot be sustained on this