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 & Shripradip Kumar Choubey, Jm

section 68 of the Act Before the Commissioner (Appeals) it as submitted by the assessee that raw hides were purchased from the four parties under consideration on the understanding that after the hides were processed and the finished leather was produced the same would be resold to same parties in substance therefore the transaction was more in the nature

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

145 taxmann.com 546 (Bombay), "wherein, no disallowance of the bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported

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

145 taxmann.com 546 (Bombay), "wherein, no disallowance of the bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported

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

145 taxmann.com 546 (Bombay), "wherein, no disallowance of the bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported

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

145 taxmann.com 546 (Bombay), "wherein, no disallowance of the bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported

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

145 taxmann.com 546 (Bombay), "wherein, no disallowance of the bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported

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

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

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

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

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

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

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

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

DCIT CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND LEASE FIN PRIVATE LIMITED, PATNA

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

BALMUKUND SPONGE & IRON PVT. LTD.,,PATNA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

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

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

BALMUKUND SPONGE & IRON PVT. LTD.,,PATNA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

BALMUKUND SPONGE & IRON PVT. LTD.,,PATNA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

BALMUKUND SPONGE & IRON PVT. LTD.,,PATNA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), "wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

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

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

BALMUKUND CEMENT & ROOFINGS PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

The appeal of the Revenue is dismissed

145\ntaxmann.com 546 (Bombay), \"wherein, no disallowance of the bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported

DCIT, CC-2(4), KOLKATA, KOLKATA vs. M/S BALAJI AGRO PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Dcit, Central Circle-2(4), M/S Balaji Agro Pvt. Ltd. Aaykar Bhavan Poorva, A5-6 Sarkarpool Maheshtala, 4Th Floor, 110 Shantipally, E.M. New Budge Budge Trunk Rd. Vs. Bypass, Kolkata-700107 Gopalpur 24 Paraganas South West Bengal Kolkata-700143, West Bengal (Appellant) (Respondent) Pan No. Aabcb9078M Assessee By : Shri Miraj D Shah, Ar Revenue By : Shri Raja Sengupta, Dr Date Of Hearing: 16.07.2025 Date Of Pronouncement: 30.07.2025

Section 68 of the Act cannot be applied where the repayment of loan has been made even in the subsequent year. The case of the assessee also finds support from the decision of Hon’ble jurisdictional High Court in the case of PCIT vs. Ambe Tradecorp (P.) Ltd. (2022) 145 taxmann.com 27 (Gujarat), in which the Hon'ble High Court