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12 results for “bogus purchases”+ Section 2(15)clear

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Key Topics

Section 143(3)16Section 6811Addition to Income11Section 2638Section 153A7Section 1486Section 1476Bogus/Accommodation Entry5Section 10(38)

ITO WARD-1(40, JSR vs. M/S ANAND VIHAR CONSTRUCTION PVT LTD, JSR

In the result, appeal of the Revenue is dismissed and the cross

ITA 335/RAN/2017[14-15]Status: DisposedITAT Ranchi28 Nov 2018

Bench: Shri N.S.Saini & Shri Pavan Kumar Gadaleassessment Year : 2014-2015 Ito, Ward-1(4), Jamshedpur Vs M/S Anand Vihar Construction Pvt. Ltd., 12A, Rajendra Nagar, Near Durga Puja Maidan, Sakchi, Jamshedpur- 831001 Pan No. : Aaacc 7476 R Respondent (Appellant) .. & Co No.02/Ran/2018 Assessment Year : 2014-2015 M/S Anand Vihar Construction Vs Ito, Ward-1(4), Pvt. Ltd., Jamshedpur 12A, Rajendra Nagar, Near Durga Puja Maidan, Sakchi, Jamshedpur-831001 Pan No. : Aaacc 7476 R Respondent (Appellant) .. Revenue By Shri A.K.Mohanty,Jcit(Jr. Dr) Assessee By Shri Devesh Poddar, Adv. Date Of Hearing : 27.11.2018 Date Of Pronouncement : 28.11.2018

Section 143(2)Section 143(3)Section 40

section 194C does not attract in this case and therefore consequential disallowance u/s 40(a)(ia) is also not attracted. And CO No.02/Ran/2018 Therefore disallowance made for Rs. 2,15,01,768/- is not proper and is hereby deleted. Further the CIT(A) in respect of third ground, has granted relief of Rs.71,128/- out of the total addition

4
Section 2503
Long Term Capital Gains3
Unexplained Cash Credit3

SHRI NAVNEET MODI,RANCHI vs. DCIT,CIRCLE-2, RANCHI

In the result, both appeals of the assessee are allowed

ITA 106/RAN/2019[2015-16]Status: DisposedITAT Ranchi30 Oct 2019AY 2015-16

Bench: Shri C.M.Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ सं./Ita No.106/Ran/2019 & आयकर अऩीऱ सं./Ita No.53/Ran/2019 (नििाारण वषा / Assessment Year :2015-2016 & 2013-2014) Shri Navneet Modi, Vs. Dcit, Circle-2, Ranchi Modi House, Kanke Dam Side Road, Kanke, Ranchi स्थायी ऱेखा सं./ Pan No. : Actpm 1511 F (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri Devesh Poddar, Advocate राजस्व की ओर से /Revenue By : Shri Inderjeet Singh, Cit(Dr)

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: Shri Inderjeet Singh, CIT(DR)
Section 143(3)Section 234ASection 271(1)(c)Section 68

bogus warranting addition in the income of the assessee. It is again submitted that there is no dispute that the goods have been purchased and the genuinity of the purchase have not been disputed and it was because that the provisions of section 40A(3) have been applied. Moreover, the assessee maintained day-to-day stock register wherein

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

15, 2025 ORDER Per Sonjoy Sarma, Judicial Member: 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

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

2 can arise only if the reply in question no. 1 is negative. We notice that the assessee has filed all necessary details to explain the purchase and sale of equity shares giving rise to capital gain. We also notice that the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 in the Original Complaint No. 204/2013

PADAM KUMAE JAIN,RANCHI vs. CIT, CENTRAL, PATNA

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

ITA 289/RAN/2019[2012-13]Status: DisposedITAT Ranchi08 Jul 2020AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am आयकरअपीलसं./Ita No.289/Ran/2019 (िनधा"रणवष" / Assessment Year: 2012-13) Padam Kumar Jain Vs. Cit, Central, Cr Building, Beer Chand Patel Marg, Patna – 800001. Ratanlalsurajmal Compound, Main Road, Ranchi – 834001, Jharkhand "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abrpj 0001 E (Assessee) .. (Revenue)

For Appellant: Shri M.K. Chaudhury & Shri Devesh Poddar, AdvocateFor Respondent: Shri Inderjeet Singh, CIT (DR)
Section 132(4)Section 143(3)Section 153ASection 263

15)Submit details of purchases of Rs. 65,33,41,701/-. Also submit the invoices of such purchase along with name and complete address of such parties. (16) Submit ledger of ‘compensation paid to employees’ Rs. 2,17,23,268/-. (17) Submit proof of service tax of Rs. 6,89,59,617/- paid during the year. (18) Submit ledger

KULDIP SINGH,RANCHI vs. DCIT/ACIT, CIRCLE-1, RANCHI

In the result, the appeal of the assessee is allowed

ITA 180/RAN/2025[14-15]Status: DisposedITAT Ranchi10 Feb 2026

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.180/Ran/2025 Assessment Year: 2014-15 Kuldip Singh…………………….……….……...................……….……Appellant The Avenue Vishnupuri Marg, Upper Burdwan Compound, Lalpur, Ranchi- 834001. [Pan: Agjps6921P] Vs. Dcit/Acit, Circle-1, Ranchi…...…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Adv., Appeared On Behalf Of The Appellant. Shri Kailash Gautam, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 05, 2026 Date Of Pronouncing The Order : February 10, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Cit(A)”) Dated 06.03.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”).

Section 143(2)Section 143(3)Section 147Section 148Section 250Section 56(2)(vii)

15 and the reasons recorded while issuing notice u/s 143(2) r.w.s 147 dated 21.09.2020 do not allege any failure on the part of the assessee to disclose fully and truly all material facts at the time of original assessment. Therefore, the reopening is barred by the first proviso to section 147 of the Act and is void ab initio

ACIT CENTRAL CIRCLE, JAMSHEDPUR vs. M/S SURAJ SOLUTION PVT LTD, JAMSHEDPUR

In the result, both appeals of the Revenue are dismissed and the

ITA 72/RAN/2017[2012-13]Status: DisposedITAT Ranchi29 Nov 2018AY 2012-13

Bench: Shri N.S.Saini & Shri Pavan Kumar Gadale

Section 132(1)Section 143(3)Section 147Section 148

purchase and sale of unquoted shares through group concerns. It was also accepted on oath by Sri Aggrawal that for such accommodation entries, only commission is received by them. Further, the AO carried out enquiries at the given address of the recipient of the expenses, Subhshree Hirise Pvt. Ltd. (SHPL) and found out that the said concern

ACIT CENTRAL CIRCLE , JAMSHEDPUR vs. M/S SURAJ SOLUTIONS PVT LTD , JAMSHDPUR

In the result, both appeals of the Revenue are dismissed and the

ITA 184/RAN/2017[11-12]Status: DisposedITAT Ranchi29 Nov 2018

Bench: Shri N.S.Saini & Shri Pavan Kumar Gadale

Section 132(1)Section 143(3)Section 147Section 148

purchase and sale of unquoted shares through group concerns. It was also accepted on oath by Sri Aggrawal that for such accommodation entries, only commission is received by them. Further, the AO carried out enquiries at the given address of the recipient of the expenses, Subhshree Hirise Pvt. Ltd. (SHPL) and found out that the said concern

SHRI BIRENDRA PRASAD,BOKARO vs. ITO WARD-3(1), BOKARO

In the result, all the appeals filed by the assessee are allowed

ITA 365/RAN/2016[2007-08]Status: DisposedITAT Ranchi05 Apr 2019AY 2007-08

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri Devesh Poddar Advocates, ld.ARsFor Respondent: Shri P.K. Mondal, JCIT, ld. DR
Section 133(6)Section 143(3)Section 234ASection 263Section 68

bogus. We also note that the giver of the gift, Shri Dilip Prasad Burnwal died on 22-11-2007, which is much before the date of assessment order. Therefore, it was difficult of the assesse to produce Shri Dilip Prasad Burnwal before the AO. Therefore, the genuineness of the gift is not doubted. Hence, we delete impugned addition of Rs.1

RAMA SHANKAR PRASAD ,RANCHI vs. DCIT,CIRCLE-1, RANCHI

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

ITA 115/RAN/2019[2015-16]Status: DisposedITAT Ranchi22 Aug 2023AY 2015-16

Bench: Sri Rajesh Kumar & Sonjoy Sarma

Section 10(38)Section 115BSection 142(1)Section 143(1)Section 143(3)Section 68

15,64,360/- which was processed u/s 143(1) of the Act. Thereafter, the case of the assessee was selected for complete scrutiny under CASS and statutory notices were duly issued and served upon the assessee. The first reason for selection for scrutiny was suspicious sale transactions in equity shares and claiming of long term capital gain as exempt

DCIT CIR-3(1), JAMSHEDPUR vs. M/S YASH INFRATECH PRIVATE LIMITED , JAMSHEDPUR

In the result, the appeal filed by the Revenue is allowed

ITA 155/RAN/2017[14-15]Status: DisposedITAT Ranchi09 Nov 2022

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 131Section 143(2)Section 143(3)Section 250

section 131 of I.T.Act, 1961 of Shri Raj Kumar Agarwal, Director of the assessee company in which he confirmed and accepted that the short term capital loss was bogus. 3. Under the facts and circumstances of the case, whether the Ld. CIT(A) is justified on focusing at the sentence that "he was successful in bringing back his own accounted

ACIT, C.C.-1, RANCHI vs. M/S CHINTPURNI STEEL PVT. LTD.,, RANCHI

In the result, appeal of the revenue is dismissed

ITA 32/RAN/2020[2013-14]Status: DisposedITAT Ranchi06 Nov 2023AY 2013-14

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 69A

15-01-2013 a total of Rs.7,20,46,000/- was deposited in cash. Further deposits through RTGS / Cheques were also made by various bogus persons / entities as named in the assessment order. Hence the total amount of credit in the said current account was stood at Rs.34,13,13,634/- which is inclusive of cash deposits