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2 results for “bogus purchases”+ Natural Justiceclear

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Key Topics

Section 143(3)2Addition to Income2

RAJENDER SHANGARI,JAMSHEDPUR vs. DCIT - CIRCLE 1, JAMSHEDPUR

In the result, the appeal of the assessee is allowed

ITA 266/RAN/2023[2018-19]Status: DisposedITAT Ranchi15 Jul 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.266/Ran/2023 Assessment Year: 2018-19 Rajendra Shangari, Jamshedpur.................…...........................……….……Appellant Plot 9, Bhuiyadih, Agrico, Jamshedpur – 831009. [Pan: Alcps6310F] Vs. Dcit, Circle-1, Jamshedpur.....…..….…..….........……........……...…..…..Respondent Appearances By: Shri Akshay Ringasia, Ar, Appeared On Behalf Of The Appellant. Shri Vinod Agarwal, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 09, 2025 Date Of Pronouncing The Order : July 15, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 16.11.2023 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. Brief Facts Of The Case Are That The Assessee Is An Individual Who Is Engaged In Contractual Jobs To Tata Steel & State Government Wherein The Final Job Is Subject To Strict Scrutiny By Officials & Government Inspectors & Filed Return Of Income Declaring An Income Of Rs.2,58,20,920/- For The Assessment Year 2018-19. Subsequently, In The Case Of The Assessee, The Assessing Officer Invoked Section 148 Proceedings & Completed The Assessment U/S 147 R.W.S. 144B Of The Act By Adding An Amount Of Rs.38,46,188/- To The Income Of The Assessee Stating That The Alleged Sum Was Bogus Purchase. 3. Dissatisfied With The Above Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Against The Reassessment Order, Where The Ld. Cit(A)

Section 147Section 148Section 250

bogus without any cogent material. He also stated that the Assessing Officer cannot adopt selective approach accepting the sales on one hand and rejecting the corresponding purchase on the other, as such the approach violates the principles of natural justice

SRI KAMLESH KUMAR SINGH,DALTONGANJ vs. ACIT,CIR-1, RANCHI

ITA 53/RAN/2017[2008-09]Status: DisposedITAT Ranchi07 Aug 2023AY 2008-09

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 49/Ran/2017 Assessment Year: 2009-2010 Smt. Madhu Singh,...................................Appellant Hamidganj, Daltonganj-822101 [Pan: Bbjps0426B] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-1, Ranchi & I.T.A. Nos. 53 & 54/Ran/2017 Assessment Years: 2008-2009 & 2009-2010 Shri Kamlesh Kumar Singh,...................Appellant Hamidganj, Daltonganj-822101 [Pan: Afzps8288J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-1, Ranchi Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Assessee Shri P.K. Koley, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : May 22, 2023 Date Of Pronouncing The Order : August 7Th, 2023 1 Assessment Year: 2009-2010 Smt. Madhu Singh & Ita Nos. 53 & 54/Ran/2017 Assessment Years: 2008-2009 & 2009-2010 Shri Kamlesh Kr. Singh

Section 10(38)Section 143(3)Section 234A

Natural Justice.” 12. We notice that Hon’ble Jurisdictional High Court in the case of CIT, Jamshedpur –vs.- Arun Kumar Agarwal (HUF) in TA No. 04 of 2011 dated 13th July, 2012 has held as follows:- “We have considered the submissions of the learned counsel for the parties and we are of the considered opinion that the learned Assessing Officer