DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , KOLKATA

The appeal of the revenue is dismissed

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

Section 292C of the Act, the presumption is to be drawn in respect of WhatsApp transactions in the hands of the person from whose possession or control the books of accounts/ documents, etc. are found. Even the presumption u/s 292C of the Act is rebuttable when the assessee proved that he has not done any such transactions even in respect

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , KOLKATA

The appeal of the revenue is dismissed

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

Section 292C of the Act, the presumption is to be drawn in respect of WhatsApp transactions in the hands of the person from whose possession or control the books of accounts/ documents, etc. are found. Even the presumption u/s 292C of the Act is rebuttable when the assessee proved that he has not done any such transactions even in respect

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND SPONGE AND IRON PRIVATE LIMITED, PATNA

The appeal of the revenue is dismissed

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

Section 292C of the Act, the presumption is to be drawn in respect of WhatsApp transactions in the hands of the person from whose possession or control the books of accounts/ documents, etc. are found. Even the presumption u/s 292C of the Act is rebuttable when the assessee proved that he has not done any such transactions even in respect

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , KOLKATA

The appeal of the revenue is dismissed

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

Section 292C of the Act, the presumption is to be drawn in respect of WhatsApp transactions in the hands of the person from whose possession or control the books of accounts/ documents, etc. are found. Even the presumption u/s 292C of the Act is rebuttable when the assessee proved that he has not done any such transactions even in respect

GOPAL & SONS HUF,KOLKATA vs. I.T.O., WARD - 32(1), KOLKATA, KOLKATA

The appeal of the revenue is dismissed

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

Section 292C of the Act, the presumption is to be drawn in respect of WhatsApp transactions in the hands of the person from whose possession or control the books of accounts/ documents, etc. are found. Even the presumption u/s 292C of the Act is rebuttable when the assessee proved that he has not done any such transactions even in respect

SANDIP KUMAR TEKRIWAL HUF,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

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

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1134/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11)

section 263 of the Income Tax Act. 6. The facts of the case may be stated quite shortly as follows: The assessee, is an individual, and filed his return of income for the AY 2010-11 on 09.10.2010, declaring total income at Rs 3,82,968 /-. The said return of income was processed u/s 143(1) of the Income

SHRI PRAMOD KUMAR TEKRIWAL,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

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

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1134/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11)

section 263 of the Income Tax Act. 6. The facts of the case may be stated quite shortly as follows: The assessee, is an individual, and filed his return of income for the AY 2010-11 on 09.10.2010, declaring total income at Rs 3,82,968 /-. The said return of income was processed u/s 143(1) of the Income

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

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

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1134/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11)

section 263 of the Income Tax Act. 6. The facts of the case may be stated quite shortly as follows: The assessee, is an individual, and filed his return of income for the AY 2010-11 on 09.10.2010, declaring total income at Rs 3,82,968 /-. The said return of income was processed u/s 143(1) of the Income

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

Appeal is dismissed

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 145 of the Income-tax Act, 1961 - Method of accounting - Estimation of Profits [Bogus purchases] - Assessment year 2006-07 - Assessee was engaged in ,business of trading in steel on wholesale basis - Assessing Officer having found that some of alleged suppliers of steel to assessee had not supplied steel to assessee but had only provided sale bills, held that purchases

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND SPONGE AND IRON PRIVATE LIMITED, PATNA

The appeal of the Revenue is dismissed

section 68 of the Act\nBefore the Commissioner (Appeals) it as submitted by the assessee that raw hides\nwere purchased from the four parties under consideration on the understanding that\nafter the hides were processed and the finished leather was produced the same would\nPage 17\nbe resold to same parties in substance therefore the transaction was more

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND SPONGE AND IRON PRIVATE LIMITED , PATNA

The appeal of the Revenue is dismissed

section 68 of the Act\nBefore the Commissioner (Appeals) it as submitted by the assessee that raw hides\nwere purchased from the four parties under consideration on the understanding that\nafter the hides were processed and the finished leather was produced the same would\nPage 17\nBalmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24\nBalmukund

DCIT, CENTRAL CIRCLE- 4(3), KOLKATA, KOLKATA vs. BALAJEE MINI STEELS & REROLLING PRIVATE LIMITED , PATNA

In the result, the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar, Am\Nand\Nshripradip Kumar Choubey, Jm\Nita Nos.1688 To 1691/Kol/2025\N(Assessment Years: 2015-16 To 2018-19)\Nita No. 1725/Kol/2025\N(Assessment Year: 2016-17)\Ndcit, Central Circle 4(3)\Nbalajee Mini Steels & Rerolling\Naaykar Bhawan Poorva, 110,\Nprivate Limited\Nshantipally, Kolkata-700107,\N603, Shantikunj Apartment,\Nkolkata\Nphulwanipatna, G.P.O.800001,\Nvs.\N(Appellant)\Npatna\N(Respondent)\Npan No. Aabcb7265J\Nassessee By\N:\Nshri Manish Rastogi, Ar\Nrevenue By\N:\Ns/Shri Praveen Kishore &\Npradeep Dungdung, Drs\Ndate Of Hearing:\N01.12.2025\Ndate Of Pronouncement:\N15.12.2025\Norder\Nper Rajesh Kumar, Am:\Nthese Are Appeals Preferred By The Revenue Against The Orders Of The Commissioner Of Income-Tax (Appeals), Kolkata-27 (Hereinafter Referred To As The “Ld. Cit(A)"] Dated 13.04.2025 For The Ays 2015-16 To 2018-19.\Nas The Facts & Issues In All The Appeals Of Revenue Are Exactly Identical, Hence, For The Sake Of Brevity, We Take Ita No. 1688/Kol/2025 For A.Y. 2015-16 & Decide The Issue Accordingly.\Nα.Υ. 2015-16\Npage 2\Nita Nos.1688 To 1691/Kol/2025&1725/Kol/2025\Nbalajee Mini Steels & Rerolling Private Limited; Ays 2015-16 To 2018-19\Nita No. 1688/Kol/2025\N3.\Nthe Only Issue Raised By The Revenue Is Against The Deletion Of Addition By The Id. Cit (A) Of ₹1,07,03,817/- As Made By The Id. Ao On Account Of Suppression Of Income In Respect Of Bogus Purchases.\N3.

section 68 of the Act\nIn the firat appellate stage the assessee submitted ledger account copy,\nconfirmation of accounts and also furnished their Sales Tax registration number\nThe Commissioner (Appeals) held that these transactions were trading\ntransactions and not financial transactions, as such, cannot be added under\nsection 68 of the Act\nBefore the Commissioner (Appeals) it as submitted

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALAJEE MINI STEELS & REROLLING PRIVATE LIMITED , PATNA

In the result, the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar, Am\Nand\Nshripradip Kumar Choubey, Jm\Nita Nos.1688 To 1691/Kol/2025\N(Assessment Years: 2015-16 To 2018-19)\Nita No. 1725/Kol/2025\N(Assessment Year: 2016-17)\Ndcit, Central Circle 4(3)\Nbalajee Mini Steels & Rerolling\Naaykar Bhawan Poorva, 110,\Nprivate Limited\Nshantipally, Kolkata-700107,\N603, Shantikunj Apartment,\Nkolkata\Nphulwanipatna, G.P.O.800001,\N(Appellant)\Nvs.\Npatna\N(Respondent)\Npan No. Aabcb7265J\Nassessee By : Shri Manish Rastogi, Ar\Nrevenue By : S/Shri Praveen Kishore &\Npradeep Dungdung, Drs\Ndate Of Hearing: 01.12.2025\Ndate Of Pronouncement: 15.12.2025\Norder\Nper Rajesh Kumar, Am:\Nthese Are Appeals Preferred By The Revenue Against The Orders Of\Nthe Commissioner Of Income-Tax (Appeals), Kolkata-27 (Hereinafter\Nreferred To As The “Ld. Cit(A)"] Dated 13.04.2025 For The Ays 2015-16\Nto 2018-19.\Nas The Facts & Issues In All The Appeals Of Revenue Are Exactly\Nidentical, Hence, For The Sake Of Brevity, We Take Ita No.\N1688/Kol/2025 For A.Y. 2015-16 & Decide The Issue Accordingly.\Nα.Υ. 2015-16\Npage 2\Nita Nos.1688 To 1691/Kol/2025&1725/Kol/2025\Nbalajee Mini Steels & Rerolling Private Limited; Ays 2015-16 To 2018-19\Nita No. 1688/Kol/2025\N3.\Nthe Only Issue Raised By The Revenue Is Against The Deletion Of\Naddition By The Id. Cit (A) Of ₹1,07,03,817/- As Made By The Id. Ao\Non Account Of Suppression Of Income In Respect Of Bogus Purchases.\N3.

section 68 of the Act\nIn the firat appellate stage the assessee submitted ledger account copy,\nconfirmation of accounts and also furnished their Sales Tax registration number\nThe Commissioner (Appeals) held that these transactions were trading\ntransactions and not financial transactions, as such, cannot be added under\nsection 68 of the Act\nBefore the Commissioner (Appeals) it as submitted

DCIT, CENTRAL CIRCLE-4(3), KOLKATA , KOLKATA vs. BALAJEE MINI STEELS & REROLLING PRIVATE LIMITED , PATNA

In the result, the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar, Am\Nand\Nshripradip Kumar Choubey, Jm\Nita Nos.1688 To 1691/Kol/2025\N(Assessment Years: 2015-16 To 2018-19)\Nita No. 1725/Kol/2025\N(Assessment Year: 2016-17)\Ndcit, Central Circle 4(3)\Nbalajee Mini Steels & Rerolling\Naaykar Bhawan Poorva, 110,\Nprivate Limited\Nshantipally, Kolkata-700107,\N603, Shantikunj Apartment,\Nkolkata\Nvs.\Nphulwanipatna, G.P.O.800001,\N(Appellant)\Npatna\N(Respondent)\Npan No. Aabcb7265J\Nassessee By\Nshri Manish Rastogi, Ar\Nrevenue By\Ns/Shri Praveen Kishore &\Npradeep Dungdung, Drs\Ndate Of Hearing: 01.12.2025\Ndate Of Pronouncement: 15.12.2025\Norder\Nper Rajesh Kumar, Am:\Nthese Are Appeals Preferred By The Revenue Against The Orders Of\Nthe Commissioner Of Income-Tax (Appeals), Kolkata-27 (Hereinafter\Nreferred To As The “Ld. Cit(A)"] Dated 13.04.2025 For The Ays 2015-16\Nto 2018-19.\Nas The Facts & Issues In All The Appeals Of Revenue Are Exactly\Nidentical, Hence, For The Sake Of Brevity, We Take Ita No.\N1688/Kol/2025 For A.Y. 2015-16 & Decide The Issue Accordingly.\Nα.Υ. 2015-16\Npage 2\Nita Nos.1688 To 1691/Kol/2025&1725/Kol/2025\Nbalajee Mini Steels & Rerolling Private Limited; Ays 2015-16 To 2018-19\Nita No. 1688/Kol/2025\N3.\Nthe Only Issue Raised By The Revenue Is Against The Deletion Of\Naddition By The Id. Cit (A) Of ₹1,07,03,817/- As Made By The Id. Ao\Non Account Of Suppression Of Income In Respect Of Bogus Purchases.\N3.

section 68 of the Act\nIn the firat appellate stage the assessee submitted ledger account copy,\nconfirmation of accounts and also furnished their Sales Tax registration number\nThe Commissioner (Appeals) held that these transactions were trading\ntransactions and not financial transactions, as such, cannot be added under\nsection 68 of the Act\nBefore the Commissioner (Appeals) it as submitted

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

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

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

13,476/-. Hence 3% is added on estimate on the bogus purchase. Accordingly, Rs.1,62,405/- is added to total income of the assessee. Penalty proceedings u/s 271(1)(c) are initiated for furnishing inaccurate particulars.” 4. The ld. Principal CIT-10, Kolkata issued a notice u/s 263 of the Act proposing to review and revise the assessment order passed

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

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

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

13,476/-. Hence 3% is added on estimate on the bogus purchase. Accordingly, Rs.1,62,405/- is added to total income of the assessee. Penalty proceedings u/s 271(1)(c) are initiated for furnishing inaccurate particulars.” 4. The ld. Principal CIT-10, Kolkata issued a notice u/s 263 of the Act proposing to review and revise the assessment order passed

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

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

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

13,476/-. Hence 3% is added on estimate on the bogus purchase. Accordingly, Rs.1,62,405/- is added to total income of the assessee. Penalty proceedings u/s 271(1)(c) are initiated for furnishing inaccurate particulars.” 4. The ld. Principal CIT-10, Kolkata issued a notice u/s 263 of the Act proposing to review and revise the assessment order passed

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

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

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

13,476/-. Hence 3% is added on estimate on the bogus purchase. Accordingly, Rs.1,62,405/- is added to total income of the assessee. Penalty proceedings u/s 271(1)(c) are initiated for furnishing inaccurate particulars.” 4. The ld. Principal CIT-10, Kolkata issued a notice u/s 263 of the Act proposing to review and revise the assessment order passed