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

price, as such, profit on this account was returned in the books of accounts. The assessing officer added 25% of the bogus purchases booked by the assessee but ignored the sales booked to the fictitious parties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on the ground that in case the bogus purchases are disallowed then

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

price, as such, profit on this account was returned in the books of accounts. The assessing officer added 25% of the bogus purchases booked by the assessee but ignored the sales booked to the fictitious parties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on the ground that in case the bogus purchases are disallowed then

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

price, as such, profit on this account was returned in the books of accounts. The assessing officer added 25% of the bogus purchases booked by the assessee but ignored the sales booked to the fictitious parties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on the ground that in case the bogus purchases are disallowed then

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

price, as such, profit on this account was returned in the books of accounts. The assessing officer added 25% of the bogus purchases booked by the assessee but ignored the sales booked to the fictitious parties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on the ground that in case the bogus purchases are disallowed then

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

price, as such, profit on this account was returned in the books of accounts. The assessing officer added 25% of the bogus purchases booked by the assessee but ignored the sales booked to the fictitious parties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on the ground that in case the bogus purchases are disallowed then

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

BALHANUMAN COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD-5(4), KOLKATA

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2012-13

unexplained cash credit. The relevant extracts from the order are as under: 11. We have gone through the facts of the case, the written submissions filed by both the Ld. AR and the Ld. Sr. DR as well as the case laws cited. A similar issue came up for consideration before the Hon’ble Jurisdictional High Court

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

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

INCOME TAX OFFICER, WARD-9(1), KOLKATA, KOLKATA vs. SUR MANGAL HOLDINGS PRIVATE LIMITED, KOLKATA

In the result, appeal of the revenue stands dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

credited in the De-mat account and transferred but of De-mat. account at the time of sale. Both purchase and sale transactions are carried out through the stock exchange, payments made/received through banking channel and transfer of shares through stock brokers registered with stock exchange. The prima facie bona fides of existence of transaction executed cannot thus be doubted

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

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

ANIL KUMAR PAIK ,KOLKATA vs. ACIT, CIR-8(1), KOL, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 492/Kol/2023 Assessment Year: 2017-18 Anil Kumar Paik Acit, Circle-8(1), Kolkata C/O S.N. Ghosh & Associates, Advocates Vs 2, Garstin Place, 2Nd Floor Suite No. 203 Off Hare Street Kolkata - 700001 [Pan : Aflpp6567R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri B.K. Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 01/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 29/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 15/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Commissioner, Of Income Tax (Appeals)- N.F.A.C. Acted Unlawfully In Impliedly Sustaining; The Purported Addition Of Rs. 1,67.44,907/- Made The Ld. Assistant Commissioner, Of Income Tax, Circle 8(1) Kolkata By Invoking The Mischief U/S. 43Ca Of The Income Tax Act, 1961 Without Satisfying The Parameters Thereof & The Adverse Conclusion Reached On That Behalf In Violation Of The Statutory Prescription Is Completely Unfounded, Unjustified & Untenable In Law. 2. For That The Specious Approach Of The Ld. Commissioner Of Income Tax (Appeals)-N.F.A,C. Of Misreading Evidence, Considering Improper Facts

unexplained cash credit under section 68 of the Act of Rs.1.65 Crores is concerned, he submitted that the assessee has taken a loan from M/s. Gitanjali Hotel and Inn Private Limited (in short GHIPL) and the same has not been transferred during the year. An advance has been received by GHIPL against the sale of the asset from Hotel Mahaprabhu

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then

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

The appeal of the Revenue is dismissed

price, as such, profit on this account\nwas returned in the books of accounts. The assessing officer added 25% of the bogus\npurchases booked by the assessee but ignored the sales booked to the fictitious\nparties. Hon'ble Tribunal deleted the addition made on account of bogus purchases on\nthe ground that in case the bogus purchases are disallowed then