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

bogus purchases the assessee was covering the purchases made from the grey market which were purchased at lesser price. It would kindly be appreciated that the facts of the case in hand is that both the purchases and the sale are fictitious, as such, it would gratuitously be appreciated that the decision of the Hon'ble Tribunal relied upon

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

bogus purchases the assessee was covering the purchases made from the grey market which were purchased at lesser price. It would kindly be appreciated that the facts of the case in hand is that both the purchases and the sale are fictitious, as such, it would gratuitously be appreciated that the decision of the Hon'ble Tribunal relied upon

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

bogus purchases the assessee was covering the purchases made from the grey market which were purchased at lesser price. It would kindly be appreciated that the facts of the case in hand is that both the purchases and the sale are fictitious, as such, it would gratuitously be appreciated that the decision of the Hon'ble Tribunal relied upon

OM FORGING & ENGINEERING PRIVATE LIMITED,KOLKATA vs. THE PR. CIT-1, KOLKATA, KOLKATA

In the result the appeals are allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

21. We have given a very careful consideration to the rival submissions. First aspect which we need to see is as to what was the enquiry made by the AO while completing the order of assessments for A.Y.2010-11 and 2011-12 which assessments were reopened based on the information received from DGIT (Mumbai) about the assessee having obtained bogus receipts

DCIT, CIR-26(1), KOLKATA, KOLKATA vs. M/S CHIEN HSING TANNERY, KOLKATA

Bench: Hon’Ble Shri S.S. Godara, Jm & Hon’Ble Shri Dr. Arjun Lal Saini, Am] I.T. A No. 1629/Kol/2017 A.Y 2012-13 A.C.I.T, Cir-26(1), Kolkata V/S. M/S. Chien Hsing Tannery Pan: Aaefc7201R (Appellant) (Respondent)

bogus purchase amounting to Rs.250,21,568/- to the extent of gross profit estimation @ 5.83%. The CIT(A)’s detailed discussion to this effect reads as under:- Assessment Year 2012­13 1. This appeal is instituted against the order dated 28.03.2014 under section

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 69C of the Act as unexplained expenditure in respect or the aforesaid purchases. Consequently, ground 1 to 4 of the Revenue's appeal are dismissed. “ e. ACIT Vs. Ramila Praveen Shah Order dated OS.03.2015 of Hon'ble ITAT, Mumbai Bench in ITA No. 5246/Mum/2013 "6. ----------- If the addition made by the AO. is accepted, then G.P. Ratio

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

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

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 147 of the Income Tax Act, 1961.” 11. We note that other than aforesaid reason, no other statements of Shri Rajendra Jain or another were furnished to the assessee, despite they asking for it, which the Ld. CIT(A) at page 60 justified the omission of AO by stating that “the relevant material relating to appellant were already included

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

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

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 147 of the Income Tax Act, 1961.” 11. We note that other than aforesaid reason, no other statements of Shri Rajendra Jain or another were furnished to the assessee, despite they asking for it, which the Ld. CIT(A) at page 60 justified the omission of AO by stating that “the relevant material relating to appellant were already included

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

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

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 147 of the Income Tax Act, 1961.” 11. We note that other than aforesaid reason, no other statements of Shri Rajendra Jain or another were furnished to the assessee, despite they asking for it, which the Ld. CIT(A) at page 60 justified the omission of AO by stating that “the relevant material relating to appellant were already included

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

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

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 147 of the Income Tax Act, 1961.” 11. We note that other than aforesaid reason, no other statements of Shri Rajendra Jain or another were furnished to the assessee, despite they asking for it, which the Ld. CIT(A) at page 60 justified the omission of AO by stating that “the relevant material relating to appellant were already included

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

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

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 147 of the Income Tax Act, 1961.” 11. We note that other than aforesaid reason, no other statements of Shri Rajendra Jain or another were furnished to the assessee, despite they asking for it, which the Ld. CIT(A) at page 60 justified the omission of AO by stating that “the relevant material relating to appellant were already included

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

The appeal of the Revenue is dismissed

21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nsubmitted confirmation of accounts, purchase bills and the payments details being\nmade by the banking channel in respect of the purchases made from the said bogus\nbillers. The assessing officer after taking cognisance of all the details filed by the\nassessee made disallowance

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

The appeal of the Revenue is dismissed

21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nsubmitted confirmation of accounts, purchase bills and the payments details being\nmade by the banking channel in respect of the purchases made from the said bogus\nbillers. The assessing officer after taking cognisance of all the details filed by the\nassessee made disallowance

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

The appeal of the Revenue is dismissed

21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nsubmitted confirmation of accounts, purchase bills and the payments details being\nmade by the banking channel in respect of the purchases made from the said bogus\nbillers. The assessing officer after taking cognisance of all the details filed by the\nassessee made disallowance

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

The appeal of the Revenue is dismissed

21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nsubmitted confirmation of accounts, purchase bills and the payments details being\nmade by the banking channel in respect of the purchases made from the said bogus\nbillers. The assessing officer after taking cognisance of all the details filed by the\nassessee made disallowance

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

The appeal of the Revenue is dismissed

21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nsubmitted confirmation of accounts, purchase bills and the payments details being\nmade by the banking channel in respect of the purchases made from the said bogus\nbillers. The assessing officer after taking cognisance of all the details filed by the\nassessee made disallowance

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

The appeal of the Revenue is dismissed

21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nsubmitted confirmation of accounts, purchase bills and the payments details being\nmade by the banking channel in respect of the purchases made from the said bogus\nbillers. The assessing officer after taking cognisance of all the details filed by the\nassessee made disallowance

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

The appeal of the Revenue is dismissed

21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nsubmitted confirmation of accounts, purchase bills and the payments details being\nmade by the banking channel in respect of the purchases made from the said bogus\nbillers. The assessing officer after taking cognisance of all the details filed by the\nassessee made disallowance