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

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Key Topics

Section 143(3)83Addition to Income70Section 40A(3)65Disallowance46Section 14738Section 4028Section 14827Section 133(6)26Section 26326

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

In the result, Revenue’s appeal stands dismissed

ITA 2196/KOL/2013[2010-11\u005cu005cu005cu005cu005cu005cu005cu005c]Status: DisposedITAT Kolkata26 Apr 2017

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

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

B” KOLKATA Before Shri Aby.T Varkey, Judicial Member and Shri Waseem Ahmed, Accountant Member Assessment Year :2010-11 ACIT, Circle- V/s. Sri P.Rajan Babu 2,Durgapur, Aayakar GN-43, Grissom Street, Bhawan Annexe, City Bidhan Nagar, Durgapur-12 Centre, Durgapur-16 [PAN No.AICPB 5668 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri John Vincent Donkupar Langstich, CIT-DR अपीलाथ" क" ओर से

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

In the result, Revenue’s appeal is dismissed

Showing 1–20 of 84 · Page 1 of 5

Section 6818
Bogus Purchases17
Deduction12
ITA 1381/KOL/2016[2012-13]Status: Disposed
ITAT Kolkata
20 Apr 2018
AY 2012-13

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

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

purchases and sales made by the assessee with the known, related parties having the same address of the assessee. At this juncture, we are inclined to reproduce the provisions of section 40A(2) of the of the Act which reads as under:- ITA No.1381-82/Kol/2016 A.Ys 21-13 & 13-14 DCIT, Cir-10(1), Kol. Vs. M/s Lucky Godl Star

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

purchases and sales made by the assessee with the known, related parties having the same address of the assessee. At this juncture, we are inclined to reproduce the provisions of section 40A(2) of the of the Act which reads as under:- ITA No.1381-82/Kol/2016 A.Ys 21-13 & 13-14 DCIT, Cir-10(1), Kol. Vs. M/s Lucky Godl Star

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

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

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

b) Deduction of Tax at source; c) Deposit of the money deducted at source; d) Particulars of the recipient were duly furnished; We are, as such, of the opinion that the views expressed by the learned Tribunal are unexceptionable. We, therefore refuse to admit the appeal. The appeal is thus dismissed.” 10.1.1. The assessee, in our view has furnished

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

b) Deduction of Tax at source; c) Deposit of the money deducted at source; d) Particulars of the recipient were duly furnished; We are, as such, of the opinion that the views expressed by the learned Tribunal are unexceptionable. We, therefore refuse to admit the appeal. The appeal is thus dismissed.” 10.1.1. The assessee, in our view has furnished

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

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

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

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)

b) Larsen & Turbo Ltd. c) Tampus Infrastructure Ltd. During the assessment proceedings, assessee failed to produce the supporting documents in respect of sales made to Larsen & Turbo Ltd. and Tampus Infrastructure Ltd. The assessee submitted that sales were made to the aforesaid parties on verbal contract basis but the said parties made payment by way of cheques against the supply

ITO, WARD - 36(2), KOLKATA, KOLKATA vs. M/S. S.H. MUMTAZUDDIN, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 352/KOL/2010[2003-04]Status: DisposedITAT Kolkata05 Oct 2016AY 2003-04

Bench: Shri M. Balaganesh, Am & Shri K. Narasimha Chary, Jm]

For Appellant: Md. Ghyas Uddin, JCIT, Sr. DRFor Respondent: Shri Manish Tiwari, FCA
Section 133ASection 144

section 40A(2)(b) of the Act would be highly improper. We also find that the nature of services rendered by these two parties were also not denied or doubted by the ld AO in the remand report. Hence we hold that the ld CITA had rightly granted relief to the assessee in this regard. Accordingly, the Ground

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

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

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

b) and 6DD(k) does not apply to the case of assessee. Accordingly grounds 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

SRI RUPAK MITRA,KOLKATA vs. ACIT, CIR-39, KOLKATA, KOLKATA

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

ITA 954/KOL/2015[2009-2010]Status: DisposedITAT Kolkata17 Mar 2017AY 2009-2010

Bench: Hon’Ble Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 131Section 133(6)Section 143(3)

purchase & payment in the concise account statement given by M/s. ABP Pvt. Ltd. but has not been able to rebut the finding of the A.O. that the assessee has been overstating his liability. M/s. ABP Pvt. Ltd. has itself declared the assessee as its debtor by only Rs.2,45,830/- and this indicates that either the assessee has been allowed

ITO, WARD 22(2), KOLKATA, KOLKATA vs. M/S. K.B. MEDICAL AGENCY, KOLKATA

In the result, the appeals of the Revenue in I

ITA 1211/KOL/2017[2012-13]Status: DisposedITAT Kolkata08 Feb 2019AY 2012-13

Bench: Shri S.S.Godara, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1209,1210&1211/Kol/2017 (िनधा"रणवष" / Assessment Years :2010-11 To 2012-13

For Appellant: Shri S.M. Surana, AdvocateFor Respondent: Shri Saurabh Kumar, Addl. CIT DR
Section 147

b. Addition for A.Y. 2013-14 of Rs. 14,54,806/- made on account of violation of provisions of Section 40A(3) of the Act. 4. The ld. CIT(A) erred in confirming the addition of Rs.4,30,819/- on account of bogus purchases (A.Y. 2013-14) 5. The ld. CIT(A) erred in confirming the addition