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

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:

purchases can be added to income of' assessee [2013] 38 taxmann.com 385 (Gujarat) HIGH COURT OF GUJARAT Commissioner of Income-tax V. Simit P. Sheth AKIL KURESHI AND MS, SONIA GOKANI, JJ. TAX APPEAL NO. 553 OF 2012 JANUARY 16, 2013 Section 145 of the Income-tax Act, 1961 - Method of accounting - Estimation of Profits [Bogus

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 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

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 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

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 - 1(4), KOLKATA, KOLKATA vs. M/S. HINDUSTHAN ENGINEERING & INDUSTRIES LTD., , KOLKATA

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

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.952/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

145(3) and hence assessing officer’s action is bad in law.We note that the Revenue has failed to furnish any evidence that the money has been recycled back to the assessee and in absence of such finding, the addition cannot be made by the assessing officer and for that assessee has relied on the judgment

M/S. HINDISTHAN ENGINEEING & INDISTRIES LTD.,,KOLKATA vs. DCIT, CIRCLE -5 KOLKATA, KOLKATA

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

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.952/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

145(3) and hence assessing officer’s action is bad in law.We note that the Revenue has failed to furnish any evidence that the money has been recycled back to the assessee and in absence of such finding, the addition cannot be made by the assessing officer and for that assessee has relied on the judgment

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

M/S. K.R. TRADELINK PRIVATE LIMITED. ,HOWRAH vs. NE-AC, DELHI. , DELHI.

In the result, appeal of the assessee is allowed for statistical purpose

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

purchases as bogus and non genuine. The AO also rejected the books of account by invoking the provisions of section 145