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

bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein

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

bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein

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

bogus purchases can be made on the basis of the information received from sales tax department that assessee was beneficiary of accommodation entries without disputing the corresponding sales transactions. Further, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs Sharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein

ACIT, CIRCLE - 34, KOLKATA , KOLKATA vs. BHAWARLAL ALOKE KUMAR , KOLKATA

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2014-15 Acit, Cicle-34, V/S. Bhawarlal Aloke Kumar Aayakar Poorva, 7Th P-12, New Howrah Bridge Approach Road, 4Th Floor, Floor, 110, Shantipally, Kolkatka-107 Kolkta-700001 [Pan No.Aadfb 0620 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Robin Choudhury, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant None ""यथ" क" ओर से/By Respondent 04-02-2019 सुनवाई क" तार"ख/Date Of Hearing 03-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee‘S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income Tax (Appeals)-10, Kolkata’S Order Dated 23.01.2018 Passed In Case No.224/Cit(A)-10/C-34/14-15/16-17/Kol, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At The Assessee’S Behest Despite The Registry Having Sent An Rpad Notice. It Is Accordingly Proceeded Ex Parte. 2. Revenue’S Sole Substantive Grievance Raised In The Instant Appeal Seeks To Challenge Correctness Of Cit(A)’S Action Partly Upholding Assessing Officer’S Findings Disallowing Assessee’S Purchase(S) Of ₹3,22,28,000/- Only To The Extent Of 15% Vide Impugned Following Detailed Discussion:- “06. Findings &. Decision:

section 69C of the Act as unexplained expenditure in respect or the aforesaid purchases. Consequently, ground 1 to 4 of the Revenue's appeal are dismissed. “ e. ACIT Vs. Ramila Praveen Shah Order dated OS.03.2015 of Hon'ble ITAT, Mumbai Bench in ITA No. 5246/Mum/2013 "6. ----------- If the addition made by the AO. is accepted, then G.P. Ratio

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

The appeal of the Revenue is dismissed

bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

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

The appeal of the Revenue is dismissed

bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

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

The appeal of the Revenue is dismissed

bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

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

The appeal of the Revenue is dismissed

bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

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

The appeal of the Revenue is dismissed

bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

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

The appeal of the Revenue is dismissed

bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

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

The appeal of the Revenue is dismissed

bogus purchases can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

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 can be\nmade on the basis of the information received from sales tax department that assessee\nwas beneficiary of accommodation entries without disputing the corresponding sales\ntransactions.\nFurther, the assessee relied upon the Hon'ble ITAT Delhi Bench, in the case of DCIT vs\nSharp Mint Ltd, reported in [2024] 159 taxmann.com 1381 (Delhi - Trib.), wherein, it\nhas

BINOD KUMAR TEKRIWAL HUF,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, these three appeals of three assessees are allowed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1134/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11)

bogus. This being a finding of fact, we have proceeded on such basis. Despite this, the question arises whether the Revenue is correct in contending that the entire purchase amount should be added by way of assessee's additional income or the assessee is correct in contending that such logic cannot be applied. The finding

SANDIP KUMAR TEKRIWAL HUF,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, these three appeals of three assessees are allowed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1134/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11)

bogus. This being a finding of fact, we have proceeded on such basis. Despite this, the question arises whether the Revenue is correct in contending that the entire purchase amount should be added by way of assessee's additional income or the assessee is correct in contending that such logic cannot be applied. The finding

SHRI PRAMOD KUMAR TEKRIWAL,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, these three appeals of three assessees are allowed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1134/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11)

bogus. This being a finding of fact, we have proceeded on such basis. Despite this, the question arises whether the Revenue is correct in contending that the entire purchase amount should be added by way of assessee's additional income or the assessee is correct in contending that such logic cannot be applied. The finding

M/S FANCY ENTERPRISES,KOLKATA vs. A.O. CIR. 32, , KOLKATA

In the result, the appeal of the assessee is allowed as per terms indicated above

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm M/S Fancy Enterprises Ao,Circle-2 2, Ganesh Chandra, Income Tax Office Avenue, Bentick Street, 10B Middleton, Calcutta Vs. Commerce House West Bengal-700071 West Bengal-700 013 (Appellant) (Respondent) Pan No. Aaaff5111B Assessee By : Shri Sunil Surana, Ar Revenue By : Shri P.P. Barman, Dr Date Of Hearing: 09.07.2024 Date Of Pronouncement : 23.08.2024

Section 143(3) on 26th March, 2016, assessing income at ₹45,46,997/-. Subsequently, the learned Assessing Officer based on the information from the investigation wing about the alleged bogus purchase made by the assessee from various concerns, recorded the reasons for the alleged bogus purchase of ₹70

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

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

70 of the paper book containing details of freight charges including bills and money receipt from various parties. In view of the same, we are convinced that the provisions of section 194C of the Act cannot be made applicable to the facts of the instant case. 3.9. In respect of payments made to Samsuddin Pailan, we find that no specific

GANAPATI DEVELOPERS ,HOWRAH vs. A.C.I.T.,CIRCLE-47, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy)

70,560/-. This was processed u/s 143(1) of the Act. Later the AO recorded reasons for re-opening of assessment u/s 147 of the Act and issued a notice u/s 148 of the Act on 24.03.2018, re-opening the assessment. In response, the assessee filed a return of income on 26.04.2018 vide a letter dated 08.04.2018. Thereafter the assessee