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 263 was quashed by the Hon'ble Tribunal While quashing the order of the CIT, Hon'ble Tribunal went into the merits of the case as what was the enquiry made by the AO while completing the assessments which were reopened based on the information received from DGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 263 was quashed by the Hon'ble Tribunal While quashing the order of the CIT, Hon'ble Tribunal went into the merits of the case as what was the enquiry made by the AO while completing the assessments which were reopened based on the information received from DGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 263 was quashed by the Hon'ble Tribunal While quashing the order of the CIT, Hon'ble Tribunal went into the merits of the case as what was the enquiry made by the AO while completing the assessments which were reopened based on the information received from DGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 263 was quashed by the Hon'ble Tribunal While quashing the order of the CIT, Hon'ble Tribunal went into the merits of the case as what was the enquiry made by the AO while completing the assessments which were reopened based on the information received from DGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 263 was quashed by the Hon'ble Tribunal While quashing the order of the CIT, Hon'ble Tribunal went into the merits of the case as what was the enquiry made by the AO while completing the assessments which were reopened based on the information received from DGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 263 was quashed by the Hon'ble Tribunal While quashing the order of the CIT, Hon'ble Tribunal went into the merits of the case as what was the enquiry made by the AO while completing the assessments which were reopened based on the information received from DGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 ]

36 to 40 of the paper book filed by the assessee for A.Y.2010-11 and 2011-12 respectively. 23. On examination of the details the AO found that the sales were made to Government and reputed parties and therefore the sales as claimed by the assessee were genuine. Once the sales are genuine corresponding purchases also cannot be denied. The only

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

bogus purchases, it was noted that if sales were genuine, purchases could not be entirely disallowed, and profit element was considered. Several additions were deleted based on lack of evidence or contrary judicial pronouncements.", "result": "Allowed", "sections": [ "69A", "68", "147", "148", "143(3)", "132", "292C", "69C", "133(6)", "131", "36

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

bogus purchases, the Tribunal found that if sales were genuine, corresponding purchases could not be entirely denied, and profit element should be considered. Similarly, where both purchases and sales were deemed fictitious and profit was already offered, no further disallowance was warranted.", "result": "Allowed", "sections": [ "69A", "147", "148", "143(3)", "132", "69C", "292C", "68", "133(6)", "36

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

The appeal of the Revenue is dismissed

sections": [ "69A", "147", "148", "143(3)", "132", "292C", "68", "133(6)", "131", "69C", "36(1)" ], "issues": "Whether cash transactions, presented as investments, can be treated as income? Whether additions for bogus purchases

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

The appeal of the Revenue is dismissed

36(1) being bogus\nexpenses\n2020-21\nSunbright Trexim Pvt Ltd\nRs.1,05,00,000/-\nRs.5,03,372/-\nShristi Investment Pvt Ltd\nRs.80,00,000/-\nRs.3,80,213/-\nShrey Finance & Investment Pvt Ltd\nRs.90,00,000/-\nRs.4,19,607/-\nGinvani Merchants Pvt Ltd\nRs.20,00,000/-\nRs.92,951/-\nAssam Hire Purchase Co Pvt Ltd\nRs.1,46,00,000/-\nRs.5

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 263 was quashed by the Hon'ble Tribunal\nWhile quashing the order of the CIT, Hon'ble Tribunal went into the merits of\nthe case as what was the enquiry made by the AO while completing the\nassessments which were reopened based on the information received from\nDGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 263 was quashed by the Hon'ble Tribunal\nWhile quashing the order of the CIT, Hon'ble Tribunal went into the merits of\nthe case as what was the enquiry made by the AO while completing the\nassessments which were reopened based on the information received from\nDGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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 263 was quashed by the Hon'ble Tribunal\nWhile quashing the order of the CIT, Hon'ble Tribunal went into the merits of\nthe case as what was the enquiry made by the AO while completing the\nassessments which were reopened based on the information received from\nDGIT (Mumbai) about the assessee having obtained bogus receipts from parties

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

36(1) being bogus\nexpenses\n2020-21\nSunbright Trexim Pvt Ltd\nRs.1,05,00,000/-\nRs.5,03,372/-\nShristi Investment Pvt Ltd\nRs.80,00,000/-\nRs.3,80,213/-\nShrey Finance & Investment Pvt Ltd\nRs.90,00,000/-\nRs.4,19,607/-\nGinvani Merchants Pvt Ltd\nRs.20,00,000/-\nRs.92,951/-\nAssam Hire Purchase Co Pvt Ltd\nRs.1,46,00,000/-\nRs.5

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

The appeal of the Revenue is dismissed

36(1) being bogus\nexpenses\n2020-21\nSunbright Trexim Pvt Ltd\nRs.1,05,00,000/-\nRs.5,03,372/-\nShristi Investment Pvt Ltd\nRs.80,00,000/-\nRs.3,80,213/-\nShrey Finance & Investment Pvt Ltd\nRs.90,00,000/-\nRs.4,19,607/-\nGinvani Merchants Pvt Ltd\nRs.20,00,000/-\nRs.92,951/-\nAssam Hire Purchase Co Pvt Ltd\nRs.1,46,00,000/-\nRs.5

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

The appeal of the Revenue is dismissed

36(1) being bogus\nexpenses\n2020-21\nSunbright Trexim Pvt Ltd\nRs.1,05,00,000/-\nRs.5,03,372/-\nShristi Investment Pvt Ltd\nRs.80,00,000/-\nRs.3,80,213/-\nShrey Finance & Investment Pvt Ltd\nRs.90,00,000/-\nRs.4,19,607/-\nGinvani Merchants Pvt Ltd\nRs.20,00,000/-\nRs.92,951/-\nAssam Hire Purchase Co Pvt Ltd\nRs.1,46,00,000/-\nRs.5

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

The appeal of the Revenue is dismissed

36(1) being bogus\nexpenses\n2020-21\nSunbright Trexim Pvt Ltd\nRs.1,05,00,000/-\nRs.5,03,372/-\nShristi Investment Pvt Ltd\nRs.80,00,000/-\nRs.3,80,213/-\nShrey Finance & Investment Pvt Ltd\nRs.90,00,000/-\nRs.4,19,607/-\nGinvani Merchants Pvt Ltd\nRs.20,00,000/-\nRs.92,951/-\nAssam Hire Purchase Co Pvt Ltd\nRs.1,46,00,000/-\nRs.5

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

The appeal of the Revenue is dismissed

36(1) being bogus\nexpenses\n2020-21\nSunbright Trexim Pvt Ltd\nRs.1,05,00,000/-\nRs.5,03,372/-\nShristi Investment Pvt Ltd\nRs.80,00,000/-\nRs.3,80,213/-\nShrey Finance & Investment Pvt Ltd\nRs.90,00,000/-\nRs.4,19,607/-\nGinvani Merchants Pvt Ltd\nRs.20,00,000/-\nRs.92,951/-\nAssam Hire Purchase Co Pvt Ltd\nRs.1,46,00,000/-\nRs.5