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100 results for “bogus purchases”+ Section 40A(2)clear

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Key Topics

Section 143(3)93Section 40A(3)90Addition to Income85Disallowance56Section 14745Section 6841Section 133(6)32Section 4030Section 14828

INCOME TAX OFFICER-WARD-12(1), KOLKATA, KOLKATA vs. M/S STANDARD LEATHER PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 2620/KOL/2013[2010-2011]Status: DisposedITAT Kolkata07 Sept 2016AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

Section 133(6)Section 143(3)Section 40A(3)

bogus warranting addition in the income of the assessee. It is again submitted that there is no dispute that the goods have been purchased and the genuinity of the purchase have not been disputed and it was because that the provisions of section 40A(3) have been applied. Moreover, the assessee maintained day-to-day stock register wherein

A.C.I.T CIR - 2,DURGAPUR, DURGAPUR vs. SRI RAJAN BABU, DURGAPUR

In the result, Revenue’s appeal stands dismissed

Showing 1–20 of 100 · Page 1 of 5

Section 26326
Bogus Purchases19
Survey u/s 133A15
ITA 2196/KOL/2013[2010-11\u005cu005cu005cu005cu005cu005cu005cu005c]Status: Disposed
ITAT Kolkata
26 Apr 2017

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2010-11

Section 133(6)Section 143(3)Section 40A(2)

purchase and sale of shares. Thus RIL had no resources, expertise or experience for rendering the services in the nature of fabrication or engineering. ITA No.2196/Kol/2013 A.Y. 2010-11 ACIT, Cir-2,DGP Vs. Sh P.Rajan Babu Page 3 4) RIL in the year under consideration has shown net profit of Rs. 53,19,121.00 only in spite

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S. LUCKY GOLD STAR COMPANY LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1381/KOL/2016[2012-13]Status: DisposedITAT Kolkata20 Apr 2018AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)Section 2(24)(x)Section 36(1)(va)Section 37

40A(2). ii. That on the fact and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.56,352/- on a wrong appreciation of facts ignoring the provisions of section 2(24)(x) read with section 36(1)(va) in the case of employees contribution and overrule the judicial pronouncement

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S. LUCKY GOLD STAR COMPANY LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1382/KOL/2016[2013-14]Status: DisposedITAT Kolkata20 Apr 2018AY 2013-14

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)Section 2(24)(x)Section 36(1)(va)Section 37

40A(2). ii. That on the fact and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.56,352/- on a wrong appreciation of facts ignoring the provisions of section 2(24)(x) read with section 36(1)(va) in the case of employees contribution and overrule the judicial pronouncement

SRI MALAY MONDAL,BURDWAN vs. I.T.O WD - 2(2),ASANSOL, ASANSOL

In the result, the appeal of the Assessee is allowed

ITA 903/KOL/2013[2008-2009]Status: DisposedITAT Kolkata28 Sept 2016AY 2008-2009

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 133(6)Section 143(2)Section 40A(3)

2)…. (3)(a) Where the assessee incurs any expenditure in respect of which payment is made in a sum exceeding twenty thousand rupees otherwise than by an account payee cheque drawn on a bank or account payee bank draft, no deduction shall be allowed in respect of such expenditure; (3)(b)Where an allowance has been made in the assessment

SHRI PRABIR KUMAR MULLICK,BURDWAN vs. ITO, WARD - 3(1), ASANSOL, ASANSOL

In the result, assessee’s appeal stands allowed

ITA 1603/KOL/2011[2008-09]Status: DisposedITAT Kolkata01 Jun 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2008-09 Prabir Kumar Mullick V/S. Income Tax Officer, Searsol C.S.Shop, Ward-3(1), G.T. Road Shisubagan (Kalali Gali) (West), Asansol Ranigunj (Burdwan) [Pan No.Ajepm 7142 G] .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 143(3)Section 144Section 255(3)Section 260ASection 40A(3)

2)…. (3)(a) Where the assessee incurs any expenditure in respect of which payment is made in a sum exceeding twenty thousand rupees otherwise than by an account payee cheque drawn on a bank or account payee bank draft, no deduction shall be allowed in respect of such expenditure; (3)(b)Where an allowance has been made in the assessment

BHAGYA LAKHI ROY (PROP), BIJOY NARAYAN ROY (DECD),BURDWAN vs. ITO, WARD - 3(1), ASANSOL, ASANSOL

In the result, assessee’s appeal stands allowed

ITA 1602/KOL/2011[2008-09]Status: DisposedITAT Kolkata01 Jun 2016AY 2008-09

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

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

2)…. (3)(a) Where the assessee incurs any expenditure in respect of which payment is made in a sum exceeding twenty thousand rupees otherwise than by an account payee cheque drawn on a bank or account payee bank draft, no deduction shall be allowed in respect of such expenditure; (3)(b)Where an allowance has been made in the assessment

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)

2)…. (3)(a) Where the assessee incurs any expenditure in respect of which payment is made in a sum exceeding twenty thousand rupees otherwise than by an account payee cheque drawn on a bank or account payee bank draft, no deduction shall be allowed in respect of such expenditure; (3)(b)Where an allowance has been made in the assessment

ANJALI JEWELLERS PVT. LTD.,KOLKATA vs. CIT, KOLKATA-IV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2252/KOL/2014[2010-2011]Status: DisposedITAT Kolkata18 Mar 2016AY 2010-2011

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

Section 143(3)Section 194CSection 263Section 40A(2)

Section has no application in respect of income received from related party but applies only for disallowance of excessive expenditure. 7. For that on the facts and in the circumstances of the case, the order of the CIT directing AO to examine melting loss of gold be held to be unsustainable as no infirmity was proved in assessment order

D.C.I.T CIR - 3,KOLATA, KOLKATA vs. M/S MANTORA OIL PRODUCTS LTD, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2252/KOL/2013[2004-05]Status: DisposedITAT Kolkata18 Mar 2016AY 2004-05

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

Section 143(3)Section 194CSection 263Section 40A(2)

Section has no application in respect of income received from related party but applies only for disallowance of excessive expenditure. 7. For that on the facts and in the circumstances of the case, the order of the CIT directing AO to examine melting loss of gold be held to be unsustainable as no infirmity was proved in assessment order

I.T.O WD - 2(3),ASANSOL, ASANSOL vs. M/S PREMIER TRADERS SELF HELP GROUP (H/O KISHORE MONDAL), BURDWAN

In the result, Revenue’s appeal is dismissed

ITA 1882/KOL/2013[2010-11]Status: DisposedITAT Kolkata09 Sept 2016AY 2010-11

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 40A(3)

bogus purchases. In the instant case, we find that the sale has been duly accepted by AO but corresponding purchase has not been accepted on the ground of notice to the party was not served. It is undisputed fact that the assessee, in the instant case, can make the sale of sand only after making purchase of the sand

M/S. GUNNY DEALERS LTD. ,KOLKATA vs. ITO, TECH-1, KOLKATA, KOLKATA

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

ITA 1373/KOL/2023[2012-13]Status: DisposedITAT Kolkata27 Jun 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1373/Kol/2023 Assessment Years: 2012-13 M/S Gunny Dealers Ltd…………………....................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcg0019R] Vs. Ito, Tech-1, Kolkata………….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 30, 2024 Date Of Pronouncing The Order : June 27, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Ought To Haye Considered That The Order U/S 143(3) Was Passed By An Authority Who Lacks Jurisdiction Over The Appellant & As Such, The Said Order Is Bad In Law & Is Liable To Be Quashed. 2. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Disallowance Of

Section 131Section 143(3)Section 250Section 36(1)(va)Section 40A(3)

bogus purchases made from Smt. Anima Roy. 5. For that on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in confirming the disallowance of Rs.44,459/- made by the A.O. on account of Employees' contribution to Provident Fund by wrongly invoking the provisions of sec.36(1)(va) r.w.s 2

DCIT, CIR-4, KOLKATA, KOLKATA vs. M/S MARUTI FREIGHT MOVERS LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 482/KOL/2014[2009-2010]Status: DisposedITAT Kolkata05 Apr 2017AY 2009-2010

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T.A. No. 482/Kol/2014 Assessment Years: 2009-10

Section 250Section 40A(3)Section 43B

2,88,19,342/- also on the plea that it is an inflated expenditure on hiring and plying of goods vehicles by concealing its actual income. b) The appellant has prepared the relevant details of disallowed Truck Hire payments showing corresponding receipt of Truck Hire Charges along with particulars of consignment note and other details to show that against each

MANISH CHAND AGARWAL,KOLKATA vs. ACIT, CIR. 40, KOLKATA, KOLKATA

In the result, both the appeal of the assessee are allowed

ITA 372/KOL/2017[2012-13]Status: DisposedITAT Kolkata15 Feb 2018AY 2012-13

Bench: Sri J. Sudhakar Reddy& Sri Aby T. Varkey] I.T.A. No. 371/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 372/Kol/2017 Assessment Year: 2012-13

Section 143(3)Section 250

bogus claim and pay highest rate of Income Tax in addition to Service Tax. In our view, the same amount is being taxed twice. In view of the above discussion, we delete the addition and allow this ground of the assessee. 11. Ground No. 3 is on the issue of disallowance of freight charges, on the ground that the same

MANISH CHAND AGARWAL,KOLKATA vs. ACIT, CIR. 40, KOLKATA, KOLKATA

In the result, both the appeal of the assessee are allowed

ITA 371/KOL/2017[2011-12]Status: DisposedITAT Kolkata15 Feb 2018AY 2011-12

Bench: Sri J. Sudhakar Reddy& Sri Aby T. Varkey] I.T.A. No. 371/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 372/Kol/2017 Assessment Year: 2012-13

Section 143(3)Section 250

bogus claim and pay highest rate of Income Tax in addition to Service Tax. In our view, the same amount is being taxed twice. In view of the above discussion, we delete the addition and allow this ground of the assessee. 11. Ground No. 3 is on the issue of disallowance of freight charges, on the ground that the same

SMT SHILA MONDAL,BURDWAN vs. ITO, WD-2(2), ASANSOL, ASANSOL

In the result, assessee’s appeal stands allowed

ITA 336/KOL/2014[2010-2011]Status: DisposedITAT Kolkata12 Aug 2016AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

Section 143(3)Section 2Section 22Section 40ASection 40A(3)Section 5

2 and 3 are dismissed.” Being aggrieved by this order of Ld. CIT(A) assessee came in second appeal before us. 6. At the outset we find that in the identical facts & circumstances the Co-ordinate Bench has decided the issue in favour of assessee in the case of Prabir Kumar Mullick Vs. ITO, in ITA No.1603/Kol/2011 dated

ASHOK KUMAR AGARWAL,JHARKHAND vs. ACIT, CIRCLE-3, ASANSOL, ASANSOL

In the result, the appeal of assessee is allowed

ITA 1701/KOL/2014[2010-2011]Status: DisposedITAT Kolkata09 Oct 2015AY 2010-2011

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Soumitra Chowdhury, AdvocateFor Respondent: Shri Sanjay Mukherjee, JCIT
Section 131Section 143(3)

bogus expenditure and not incurred wholly and exclusively for the purpose of assessee’s business. So total commission of Rs.74,35,828.00 debited to profit & loss account is hereby disallowed and added to total income of the assessee.” 4. Aggrieved, assessee preferred appeal before CIT(A), who also confirmed the action of AO that the nature of services rendered

SUBODH CHANDRA DAS,HOOGHLY vs. I.T.O.,WARD-23(3), HOOGHLY

In the result, both the appeals of the assessee are allowed

ITA 2247/KOL/2019[2012-13]Status: DisposedITAT Kolkata04 Mar 2020AY 2012-13

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Ita No. 2246 & 2247/Kol/2019 Assessment Years: 2011-12 & 2012-13

Section 147Section 148Section 250Section 68

purchase and sale of raw jute, edible oils, seasonal fruits etc. He filed his return of income on 07/03/2012 for the Assessment Year 2011-12 and on 19/09/2012 for the Assessment Year 2012-13. The Assessing Officer received information from DDIT (Inv.), Unit-1, Kolkata [DDIT], and based on this information he recorded reasons for reopening the assessments and thereafter

SUBODH CHANDRA DAS,HOOGHLY vs. I.T.O.,WARD-23(3), HOOGHLY

In the result, both the appeals of the assessee are allowed

ITA 2246/KOL/2019[2011-12]Status: DisposedITAT Kolkata04 Mar 2020AY 2011-12

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Ita No. 2246 & 2247/Kol/2019 Assessment Years: 2011-12 & 2012-13

Section 147Section 148Section 250Section 68

purchase and sale of raw jute, edible oils, seasonal fruits etc. He filed his return of income on 07/03/2012 for the Assessment Year 2011-12 and on 19/09/2012 for the Assessment Year 2012-13. The Assessing Officer received information from DDIT (Inv.), Unit-1, Kolkata [DDIT], and based on this information he recorded reasons for reopening the assessments and thereafter

INCOME TAX OFFICER WARD-36(3), KOLKATA, KOLKATA vs. M/S SAHA AGENCY, KOLKATA

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

ITA 2453/KOL/2013[2010-11]Status: DisposedITAT Kolkata20 May 2016AY 2010-11

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Respondent: Md. Ghayas Uddin Ansari, JCIT, Sr. DR
Section 143(3)Section 194CSection 40

2,70,595/- The payment to M/s. Das Enterprise was for purchase of goods and debited to the purchase a/c. The copy of purchase bill was produced before the revenue. Needless to mention that for payment for purchase of material, the provisions of section 194C were not applicable and consequently no tax was required to be deducted. Hence