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32 results for “bogus purchases”+ Section 251clear

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Key Topics

Section 143(3)18Section 35(1)(ii)18Addition to Income18Section 25015Section 69A15Section 6813Section 40A(3)13Section 271(1)(c)13Disallowance

JIGNESH DESAI,KOLKATA vs. ITO, WARD-35(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 2205/KOL/2016[2010-11]Status: DisposedITAT Kolkata14 Jun 2017AY 2010-11

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 2205/Kol/2016 Assessment Year : 2010-11 Jignesh Desai , -Vs.- I.T.O., Ward-35(2) Kolkata Kolkata [Pan : Afepd 5066 Q] (Respondent) (Appellant) For The Appellant : Shri Miraj D.Shah, Advocate For The Respondent : Shri Vijyendra Kumar, Addl. Cit Date Of Hearing : 06.06.2017. Date Of Pronouncement : 14.06.2017. Order

For Appellant: Shri Miraj D.Shah, AdvocateFor Respondent: Shri Vijyendra Kumar, Addl. CIT
Section 133(6)Section 143(2)Section 143(3)Section 147Section 148

section 69C In respect of bogus purchases - Whether on facts, Impugned addition made by Assessing Officer was to be confirmed - Held, yes [para 8] [In favour of revenue Overall from the facts and -circumstances emanating in the case, I find myself agreeable with the findings of the Ld AO, and therefore sustain the action of addition of Rs.3,36,251

Showing 1–20 of 32 · Page 1 of 2

12
Section 14710
Condonation of Delay7
Limitation/Time-bar6

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

In the result, the appeal filed by the assessee is allowed

ITA 180/KOL/2025[2015-16]Status: DisposedITAT Kolkata13 Jan 2026AY 2015-16

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 144BSection 147Section 148ASection 149(1)Section 250Section 251(1)(a)Section 68

251(1)(a) of the Income Tax Act, 1961, in respect of an order passed under Section 147 read with Section 144B and not under Section 144 of the Act. 3. The Hon'ble Commissioner of Income Tax (Appeals) erred both in law and on facts by passing the order on 07/01/2025 at 11:26 IST, prior to the expiry

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

In the result, the appeal filed by the assessee is allowed

ITA 179/KOL/2025[2011-12]Status: DisposedITAT Kolkata13 Jan 2026AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 144BSection 147Section 148ASection 149(1)Section 250Section 251(1)(a)Section 68

251(1)(a) of the Income Tax Act, 1961, in respect of an order passed under Section 147 read with Section 144B and not under Section 144 of the Act. 3. The Hon'ble Commissioner of Income Tax (Appeals) erred both in law and on facts by passing the order on 07/01/2025 at 11:26 IST, prior to the expiry

UNISYS SOFTWARES AND HOLDING IND. LTD.,KOLKATA vs. DCIT, CIR. 8(2), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 43/KOL/2024[2011-12]Status: DisposedITAT Kolkata27 Sept 2024AY 2011-12

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2011-12

For Appellant: NoneFor Respondent: Subhendu Datta, CIT-DR
Section 143(3)Section 147Section 148Section 250Section 250(6)Section 68

purchased the shares of Unisys Software and Holding Industries Ltd. are bogus/paper entities. 2.4. On the basis of above observation, it is evident that M/s Unisys Software and Holding Industries Ltd. had brought back its unaccounted income of Rs. 30,00,00,000/- in the A.Y. 2011-12 by way of issuing share capital and share premium. 2.5. In view

M/S AB (WINES) STORES,KOLKATA vs. PCIT, KOLKATA-14, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 901/KOL/2016[2011-2012]Status: DisposedITAT Kolkata07 Jul 2017AY 2011-2012

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.901/Kol/2016 Assessment Year : 2011-12 M/S. Ab (Wines) Stores -Vs.- Pr. C.I.T., Kolkata-14 Kolkata Kolkata [Pan : Aajfa 6312 L] (Respondent) (Appellant) For The Appellant : Shri S.K.Tulsiyan, Advocate For The Respondent : Shri R.S.Biswas, Cit Date Of Hearing : 15.06.2017. Date Of Pronouncement : 07.07.2017 Order

For Appellant: Shri S.K.Tulsiyan, AdvocateFor Respondent: Shri R.S.Biswas, CIT
Section 133(6)Section 143(3)Section 263Section 40A(3)

bogus especially when no material to this effect had been brought on record by the ld CIT. With respect to purchases from Shree Riddhi Siddhi and N.C.Shaw & Co, it was submitted that the ld CIT had not recorded a finding to the effect that the said parties does not exist or that there was a mismatch of purchases recorded

SUSANTA MALLICK,KALIKAPUR vs. D.C.I.T., CIRCLE-11(1),, KOLKATA

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

ITA 1764/KOL/2025[2015-2016]Status: DisposedITAT Kolkata24 Oct 2025AY 2015-2016
Section 10(38)Section 147Section 148Section 250

bogus claim of LTCG plus Rs.3.43 lakhs being the alleged commission @ 5%, paid to brokers ( entry providers ) . 5) The matter carried in appeal, has been dismissed by the Ld first appellate authority, in absence of any representation or any response to various notices issued by the Ld CIT ( A ) on at least three separate occasions ( as evident from para

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. AMAR KUMAR AGARAWAL, KOLKATA

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 1498/KOL/2025[2020-21]Status: DisposedITAT Kolkata18 Dec 2025AY 2020-21

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

For Appellant: Shri Siddarth Jhajharia, ARFor Respondent: S/shri Raja Sengupta &
Section 132Section 153ASection 44ASection 69A

bogus purchases." 8.2.6. Further, reliance is also placed in the case of 'M/S. Alokik Steels Pvt. Ltd Village vs Principal Commissioner Of Income on 3 March, 2021, ITA No. 861/JP/2019', the Hon'ble ITAT, Jaipur had held as under:- "Further, there is no dispute regarding the quantum of unaccounted turnover of Rs 1,77,95,859. The assessee has declared

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. AMAR KUMAR AGARWAL, KOLKATA

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 1499/KOL/2025[2021-22]Status: DisposedITAT Kolkata18 Dec 2025AY 2021-22

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

For Appellant: Shri Siddarth Jhajharia, ARFor Respondent: S/shri Raja Sengupta &
Section 132Section 153ASection 44ASection 69A

bogus purchases." 8.2.6. Further, reliance is also placed in the case of 'M/S. Alokik Steels Pvt. Ltd Village vs Principal Commissioner Of Income on 3 March, 2021, ITA No. 861/JP/2019', the Hon'ble ITAT, Jaipur had held as under:- "Further, there is no dispute regarding the quantum of unaccounted turnover of Rs 1,77,95,859. The assessee has declared

DEPUTY COMMSSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. AMAR KUMAR AGARWAL, KOLKATA

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 1497/KOL/2025[2018-19]Status: DisposedITAT Kolkata18 Dec 2025AY 2018-19

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

For Appellant: Shri Siddarth Jhajharia, ARFor Respondent: S/shri Raja Sengupta &
Section 132Section 153ASection 44ASection 69A

bogus purchases." 8.2.6. Further, reliance is also placed in the case of 'M/S. Alokik Steels Pvt. Ltd Village vs Principal Commissioner Of Income on 3 March, 2021, ITA No. 861/JP/2019', the Hon'ble ITAT, Jaipur had held as under:- "Further, there is no dispute regarding the quantum of unaccounted turnover of Rs 1,77,95,859. The assessee has declared

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. AMAR KUMAR AGARWAL, KOLKATA

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 1440/KOL/2025[2019-20]Status: DisposedITAT Kolkata18 Dec 2025AY 2019-20

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

For Appellant: Shri Siddarth Jhajharia, ARFor Respondent: S/shri Raja Sengupta &
Section 132Section 153ASection 44ASection 69A

bogus purchases." 8.2.6. Further, reliance is also placed in the case of 'M/S. Alokik Steels Pvt. Ltd Village vs Principal Commissioner Of Income on 3 March, 2021, ITA No. 861/JP/2019', the Hon'ble ITAT, Jaipur had held as under:- "Further, there is no dispute regarding the quantum of unaccounted turnover of Rs 1,77,95,859. The assessee has declared

AMAR KUMAR AGARWAL,KOLKATA vs. D.C.I.T., CC - 4(3),, KOLKATA

In the result, the appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 2007/KOL/2025[2021-2022]Status: DisposedITAT Kolkata18 Dec 2025AY 2021-2022

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

For Appellant: Shri Siddarth Jhajharia, ARFor Respondent: S/shri Raja Sengupta &
Section 132Section 153ASection 44ASection 69A

bogus purchases." 8.2.6. Further, reliance is also placed in the case of 'M/S. Alokik Steels Pvt. Ltd Village vs Principal Commissioner Of Income on 3 March, 2021, ITA No. 861/JP/2019', the Hon'ble ITAT, Jaipur had held as under:- "Further, there is no dispute regarding the quantum of unaccounted turnover of Rs 1,77,95,859. The assessee has declared

BHAGIRATHI ASSOCIATES,HOOGHLY vs. I.T.O WD - 1(2),HOOGHLY., HOOGHLY

In the result, assessee’s appeal stands allowed for statistical purposes

ITA 562/KOL/2013[2009-10]Status: DisposedITAT Kolkata10 Aug 2016AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2006-07

Section 143(2)Section 143(3)Section 40

section 40(a)(ia) in respect of the following payments made by the assessee totaling to Rs.7,14,378/- (a) Sabita Mukherjee Rs.2,97,251/- (b) M/s Pompa Furniture Rs. 70,166/- © Md Safi Rs.1,66,961/- (d) Sk. Rahman Rs. 76,000/- (e) Madan Mohan Enterprise Rs.1,04,000/- Rs.7,14,378/- 4. (i) For that

M/S. WRINKLE MARKETING PVT. LTD,KOLKATA vs. ITO, WARD-9(2), KOLKATA. , KOLKATA

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

ITA 426/KOL/2023[2017-18]Status: DisposedITAT Kolkata15 Jan 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2017-18

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Raja Sengupta, Addl. CIT, Sr. DR
Section 143(3)

bogus LTCG/STCL/Trading Loss/Valuation loss on shares without providing the copy of the same to the assessee. 9. For that under the facts and circumstances of the case the Ld. CIT(A) erred in considering the Loss on Derivative transaction of Rs.20,028,541/- as unexplained cash credit whereas all the information were duly on records. 10. For that

KAJORA PACHAI & C.S. SHOP,BURDWAN vs. ITO, WARD - 1(3), DURGAPUR, BURDWAN

In the result, assessee’s appeal stands allowed

ITA 1198/KOL/2011[2008-09]Status: DisposedITAT Kolkata22 Jun 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2008-09

Section 143(3)Section 144Section 40Section 40A(3)

251 (1) The use of "Comma" 1. Use a comma to separate and introductory clause or phase from a main clause. 9. Use a comma to separate, words, phrases and clauses in the series. 10. Used a comma to set off absolute and parenthetical elements in the sentence. ITA No.1198/Kol/2011 A.Y.2008-09 Kajora Pachai & C s Shop

ITO, WARD - 40(1), KOLKATA, KOLKATA vs. JUGAL KISHORE BHAGAT, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1981/KOL/2025[2020-21]Status: DisposedITAT Kolkata19 Jan 2026AY 2020-21

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2020-21 Ito, Ward-40(1), Kolkata ………….……………………….……….……….……Appellant Vs. Jugal Kishore Bhagat ………………………………….....……...…..…..Respondent 3B, Trimurti Apartment, 139, Dakshindari Road, Sreebhumi, Kol-700048.. [Pan: Aikpb8527H] Appearances By: Shri Mohit Mrinal, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2026 Date Of Pronouncing The Order : January 19, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 10.06.2024 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2020–21. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 362 Days & The Revenue Has Filed A Petition For Condonation Of The Delay. After Going Over The Said Petition, We Find Sufficient Reasons Behind The Delay & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 250Section 251Section 264

Section 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2020–21. 2. The appeal has been filed by the revenue with a delay of 362 days and the revenue has filed a petition for condonation of the delay. After going over the said petition, we find sufficient reasons behind the delay

JOGMAYA CONSTRUCTION COMPANY,KOLKATA vs. ITO, WARD 37(1), KOLKATA

In the result, the appeal filed by the assessee is dismissed both on account of delay as well as on merits

ITA 1063/KOL/2025[2018-2019]Status: DisposedITAT Kolkata25 Jun 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 147Section 250Section 251

bogus I.T.A. No.: 1063/KOL/2025 Assessment Year: 2018-19 Jogmaya Construction Company. purchases of ₹57,24,383/- and estimation of 5% of commission of accommodation entries of ₹ 2,86,219/-. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A) who issued a notice to the assessee requiring to file a reply. The assessee

M/S. BHAGAWATI OXYGEN LTD.,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA

ITA 1473/KOL/2019[2013-14]Status: DisposedITAT Kolkata19 Feb 2020AY 2013-14

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.1473&1474/Kol/2019 ("नधा"रण वष" / Assessment Years: 2013-14 & 2015-16) Bhagawati Oxygen Ltd. Vs. Dcit, Circle-8(1), Kolkata

For Appellant: Shri Miraj D Shah, ARFor Respondent: Shri Supriyo Pal, JCIT, Sr. DR
Section 133Section 133ASection 143(3)Section 25Section 35(1)(ii)

purchase on the advice of Mr. Kishan Bhawasingka and that after the amount passes through in 2 to 3 layers of companies the same was returned back in cash to the original donors after deducting commission. The name of the assessee Bhagawati Oxygen Ltd. I.T.A Nos.1473&1474/Kol/2019 is not mentioned in this statement. He states that the broker Mr. Kishan

M/S. BHAGAWATI OXYGEN LTD.,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA

ITA 1474/KOL/2019[2015-16]Status: DisposedITAT Kolkata19 Feb 2020AY 2015-16

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.1473&1474/Kol/2019 ("नधा"रण वष" / Assessment Years: 2013-14 & 2015-16) Bhagawati Oxygen Ltd. Vs. Dcit, Circle-8(1), Kolkata

For Appellant: Shri Miraj D Shah, ARFor Respondent: Shri Supriyo Pal, JCIT, Sr. DR
Section 133Section 133ASection 143(3)Section 25Section 35(1)(ii)

purchase on the advice of Mr. Kishan Bhawasingka and that after the amount passes through in 2 to 3 layers of companies the same was returned back in cash to the original donors after deducting commission. The name of the assessee Bhagawati Oxygen Ltd. I.T.A Nos.1473&1474/Kol/2019 is not mentioned in this statement. He states that the broker Mr. Kishan

RAJDA POLYMERS,KOLKATA vs. A.C.I.T.,CIRCLE-36, KOLKATA

In the result, this assessee’s appeal is allowed in above terms

ITA 2414/KOL/2019[2015-16]Status: DisposedITAT Kolkata31 Jan 2020AY 2015-16

Bench: Shri Satbeer Singh Godara

Section 133ASection 143(1)Section 143(3)Section 147Section 16Section 35Section 35(1)(ii)

purchase on the advice of Mr. Kishan Bhawasingka and that after the amount passes through in 2 to 3 layers of companies the same was returned back in cash to the original donors after deducting commission. The name of 1. T.A. No. 23461K0V20 18 Raj Karan Dassani Assessment Year: 2013-14 the assessee is not mentioned in this statement

RAJ KARAN DASSANI ,KOLKATA vs. ITO, WARD - 36(1) , KOLKATA

In the result, the appeal of the assessee is allowed in part

ITA 2346/KOL/2018[2013-14]Status: DisposedITAT Kolkata08 May 2019AY 2013-14

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 2346/Kol/2018 Assessment Year: 2013-14 Raj Karan Dassani......………………..………………………....………………...…………………….….Appellant [Pan : Adnpd 8826 B] Ito, Ward - 36(1), Kolkata………............................................................…....….…………..…...Respondent Appearances By: Shri Anil Kochar, Advocate, Appearing On Behalf Of The Appellant Shri Robin Choudhury, Addl. Cit, Sr. Dr, Appearing On Behalf Of The Respondent.

Section 133ASection 143(1)Section 147Section 16Section 250Section 35(1)(ii)

purchase on the advice of Mr. Kishan Bhawasingka and that after the amount passes through in 2 to 3 layers of companies the same was returned back in cash to the original donors after deducting commission. The name of 8 I.T.A. No. 2346/Kol/2018 Raj Karan Dassani Assessment Year: 2013-14 the assessee is not mentioned in this statement. He states