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4 results for “bogus purchases”+ Section 56(2)(viib)clear

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Key Topics

Section 688Section 1314Addition to Income4Limitation/Time-bar3Section 2632Section 133(6)2Section 2502Section 143(2)2Section 142(1)

D.C.I.T., CENTRAL CIRCLE - 1(4), KOLKATA, KOLKATA vs. M/S. WISE INVESTMENT PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

ITA 163/KOL/2023[2012-2013]Status: DisposedITAT Kolkata09 Nov 2023AY 2012-2013

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 163/Kol/2023 Assessment Year: 2012-13 D.C.I.T. Central Circle – 1(4), Kolkata M/S. Wise Investment Pvt. Ltd. Vs 3Rd Floor 5, Govind Chand Dhar Lane Kolkata - 700001 [Pan: Aaacw3141R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, Fca Revenue By : Shri Abhijit Kundu, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 26/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 09/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax, Appeals -21, Kolkata, (Hereinafter The “Ld. Cit(A)”) Dt. 26/12/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. Whether On The Facts & Circumstances Of The Case Ld. Cit (A) Is Justified In Deleting Addition Made U/S. 68 Of Rs.32,50,00,000/- Ignoring The Remand Report Dated 20.07.2022 Wherein The Report Categorically Stated That The Share Applicant Company Has No Creditworthiness To Invest In The Assesses Company. 2. Whether On The Facts & Circumstances Of The Case Ld. Cit (A) Was Erroneous As It Had Not Taken Cognizance Of The Fact That The 2

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Abhijit Kundu, CIT D/R
Section 131Section 142(1)
2
Unexplained Cash Credit2
Section 143(2)
Section 250
Section 68

56(2)(viib) of the Act - even though it may fairly be stated that the AO has not tried to take this view either in his assessment order or in the remand report. In conclusion, I find that the AO has not doubted the identities, and creditworthiness of same set of share subscribers from whom the appellant accepted share capital

ITO,WARD-8(2),KOL, KOLKATA vs. M/S. INDUS REALTY PVT. LTD. , KOLKATA.

In the result, the appeal of the Revenue is dismissed

ITA 666/KOL/2023[2012-13]Status: DisposedITAT Kolkata08 Nov 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 133(6)Section 142(1)Section 143(2)Section 154Section 68

purchasing a dud share at an exorbitant price is justified or not, it is for the businesses to take a call. Moreover, all the share applicants are group companies and hence situations may arise where funds are transferred from one to another depending upon their consolidated business strategy and outlook. In any case, while suspicion may arise that the transaction

M/S. NEXCARE AGENCY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 7(1), KOLKATA, KOLKATA

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

ITA 35/KOL/2023[2012-2013]Status: DisposedITAT Kolkata26 Jul 2024AY 2012-2013

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

Section 131Section 133(6)Section 143(3)Section 263Section 56(2)(viib)Section 68

56(2)(viib) came into force from the assessment year under consideration nor the source of source as required under the amended provisions of section 68. 3. For that on the facts and circumstances of the case, the Ld. CIT(A) erred in confirming the order of the AO in adding back Rs. 50,00,00,000/- which was unjustified

ITO, WD-5(1), KOLKATA vs. M/S SAFELINE MARKETING PVT. LTD, KOLKATA

ITA 20/KOL/2021[2012-13]Status: DisposedITAT Kolkata16 Oct 2023AY 2012-13

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Sunil Surana, A/RFor Respondent: Shri S. Datta, CIT, D/R
Section 250Section 68

bogus entries of name lenders. In the facts of the case, in spite of best efforts made by the assessing officer, he could not verify the same as there was no response from the companies to whom share were allotted on private placement basis. Thus, the decision of the Ld. CIT(A) is erroneous in holding that the raised share