TaxTMI 
TaxTMI 
2025 (4) TMI 2012
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....res thereto, which reads as follows: ANNEXURE Your case has been selected for Complete Scrutiny with the reason "Low Income from TCS receipts-Mining and quarrying". As per ITR, you have shown TCS amounting to Rs. 2004682/- and gross receipt amounting to Rs. 194723948/- whereas the net profit reported is only Rs. 2243540/- In connection with the assessment proceedings in your case for A.Y 2018-19, you are requested to furnish the below specified details/documents:- 1. Details of Business/Profession activity carried by you during the relevant assessment year along with the computation of income for the year under consideration. Also Specify, in detail, the manner in which the liquor sold was utilized. 2. A detail note on various registers/records being maintained for recording the transactions and the accounting policies maintained 3. Copy of financials in the form of balance sheet, P&L account, tax audit report along with all annexures 4. Details of all bank accounts and bank statements maintained by you during the assessment year. 5. G.P and N.P rate for this year and earlier two assessment years and reason for fall, if any. ....
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....enses clamed by you, please provide following details (a) Supporting documentary evidence to substantiating your claim. evidences (b) Payments made to parties for the above expenses along with the documentary (c) Name, PAN, address of the parties (d) Copy of agreement if any with the above-mentioned parties. (e) Mode of payment and supporting documentary evidence (1) TDS deduction details 22. You have made a huge cash withdrawal from your bank accounts maintained with Kotak Mahindra Bank Limited during the financial year 2017-18. Please provide reason and use for the same with relevant documentary evidence. Additional/Joint/Deputy/Assistant Commissioner of Income Tax/ Income-tax Officer, National e-Assessment Centre, Delhi 4. It was the submission that the question No.12 was a specific query with regard to the month-wise and party-wise sales and purchases. It was the submission that this notice u/s.142(1) is dated 5.2.2020. Ld AR further drew our attention to page 8 of PB, which was a reply furnished by the assessee dated 5.2.2021, which reads as follows: Date : 05.02.2021 To ....
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.... towards interest on saving bank account. Copy enclosed. 9. Please provide reconciliation of income from TCS receipts-Liquor (TCS) and Profit in Part-HTL/ Part A-P&L of ITR This is to inform that there is no income from TCS receipts- Liquor and we are not engaged in selling the liquor. 10. As per ITR, You have claimed expenses on account of "Other expenses" amounting to Rs. 1176170/- which includes "labour charges of Rs 765540/-,"travelling expense of Rs 179981/-With respect to expenses claimed by you, please provide following details: (a) Supporting documentary evidence to substantiating your claim. (b) Payments made to parties for the above expenses along with the documentary evidences. (c) Name, PAN, address of the parties. (d) Copy of agreement if any with the above-mentioned parties. (e) Mode of payment and supporting documentary evidence. (e) TDS deduction details. Please find attach the scan copy of voucher for labour payment paid to daily labours and scan copy of voucher alongwith invoices for travelling expenses. Please allow us the time as required for furnishing the reply. ....
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....recorded an oath us. 131 wherein he has accepted the fact of his involvement in Bogus Billing and submitted list of beneficiary entities who have received bogus bills from shell companied operated by him and his group. The list of beneficiary entities who have received bogus bills from shell companies and have claimed deduction of these bogus expenses in their computation of income for relevant assessment years. Therefore, it is well established that Shri Niraj Kumar Nathani along with his associates is engaged in bogus billing and has issued bogus bills in the name of many of his clients form books of shell companies controlled by him and have made their clients claim bogus expenses and thereby evade Income-Tax From the list of beneficiaries, it is seen that Inderpal Singh Chhabra is one such beneficiary who has received accommodation entry from Mis, Rachel Realtors Pvt. Ltd. one of the many shell companies controlled by Shet. Niraj Kumar Nathani during the F.Y. 2017-18 as under PAN OF BILLER NAME OF BILLDER COMPANY F.Y. PAN OF BILL RECEIVER NAME OF THE BILL RECEIVER AMOUNT (in Rs. ) AAHCR9261N RACHEL REALTORS PVT. LTD. 2017-18 AJLPC....
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....en submitted. It was the submission that notice u/s. 148A(b) was itself defective, insofar as the adverse information available to the AO was not provided to the assessee for his rebuttal but the assessee was asked to provide the information which was already available on record. It was the submission that the assessee provided such details and such details were not considered by the AO but was brushed aside by mentioning that verification of the information provided would be premature. It was the submission that the reasons recorded were clearly a change of opinion. It was the further submission that the information having already been provided to the AO and the same have already been examined at the time of assessment proceedings, in view of the decision of the Hon'ble Supreme Court in the case of CIT vs Odeon Builders, reported in [2019] 418 ITR 315(SC), the order itself is liable to be quashed. 10. The ld AR further relied on the decision of the Hon'ble Supreme Court in the case of Kelvinator India Ltd, reported in [2010] 320 ITR 561 (SC) to submit that the change of opinion cannot be used for the purpose of reopening the assessment. 11. In reply, ld CIT DR submitted that....
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....ncluding reply of the assessee, whether or not it is a fit case to issue a notice under section 148......" 14. In the present case a perusal of the order 148A(d) of the Act, most specifically in para 4, shows that the information and the details provided by the assessee has not been considered at all. All that the AO has relied upon the statement of Neeraj Ku Nathani. If the statement of the Neeraj Ku Natahni is removed from the preview of the investigation, there is no other evidence available which could rise to suspicion that there is anything untoward in the accounts of the assessee. The statement of the Neeraj Ku. Nathani admittedly had also not been provided to the assessee. A perusal of the GSTIN return, which has been extracted hereinabove, also shows that in Form 2A filed under the GSTIN provision, the said company i.e. Rachel Realtors Pvt. Ltd. is clearly shown as a GSTIN supplier and has a registration number. A doubt, admittedly, could have been created but then the address of the said supplier is also at Chhattisgarh. The assessee's address admittedly as per the GSTIN details is in Chhattisgarh. So, this cannot be treated as one transaction which could draw a su....
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....IN & Notice No : AJLPC6337J 2018-19 05/02/2020 ITBA/AST/F/142(1)/2019-20/1024705442(1) Notice under sub-section (1) of Section 142 of the Income Tax Act, 1961 Dear Taxpayer, Kindly refer to notice u/s 143(2) of the Income-tax Act, dated 28/09/2019 for A.Y 2018-19 for conducting assessment proceedings under E-assessment Scheme, 2019. 2. You are requested and required to kindly furnish or cause to be furnished on or before 20/02/2020 by 11:00 AM, the accounts and documents specified in the Annexure to this notice. 3. The accounts or documents, as mentioned above, are required to be submitted online electronically in 'E- proceedings' facility through your account in e-Filing website (www.incometaxindiaefiling.gov.in) Yours faithfully. Additional / Joint / Deputy / Assistant Commissioner of Income Tax. National e-Assessment Centre, Delhi Document 2 GOVERNMENT OF INDIA MINISTRY OF FINANCE INCOME TAX DEPARTMENT OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX ACIT,CIRCLE ROURKELA To. INDERPAL SINGH CHHABRA ESSAR ENTERPRISES, DAILY MARKET C/O: CRAZY COOL , MAIN ROAD ROURKELA 769001 , Orissa India PAN: AJLPC6337J A.Y: Dated: DIN & Notice No....
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....N)/2021-22/1040740987(1) RESPONSE SUBMITTED Remarks Date: 25.03.2022 To The ACIT, Circle Rourkela, Income Tax Department Rourkela Sub: Reply to notice u/s 148A of the Income Tax Act, 1961 Ref: DIN & Notice No: ITBA/AST/ F/148A(SCN)/2021-22/1040740987(1)Dated: 15/03/20222 Dear Sir, This is to inform that we are engaged in trading of Coal, Iron & Steel and transporting of Coal during the period under scrutiny. We have received the above notice for purchases from Rachel Realtors Pvt. Ltd for the period FY 2017-18. This is to bring to your kind notice that we have genuine purchases from the above party. We have sold the coal purchased from Rachel Realtors Pvt. Ltd to our debtors. We have paid GST of the same and there is no difference in our GST records. We have purchased goods and supplied to our debtors. Further, we are enclosing herewith copies of invoices raised by the above party, list of vehicle on which goods were delivered and extract of bank statements towards evidence for payments made through banking channels. We request you allow another 15 days time for submission of additional documents. Based on the above document we request you to kindly drop the proceeding u/s 1....
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....1537.6 144276.77 0 0 0 21AAMFG3094J1ZB G.M CERAAMIC HOUSE 545 R 15-03-2018 644030 Chattisgarh 18 545788.18 98241.87 0 0 C 21AAMFG3094J1ZB G.M CERAAMIC HOUSE 545-Total R 15-03-2018 644030 Chattisgarh - 545788.18 98241.87 0 0 0 21AAMFG3094J1ZB G.M CERAAMIC HOUSE 574 R 22-03-2018 928960 Chattisgarh 18 787254.23 141705.77 0 0 0 21AAMFG3094J1ZB G.M CERAAMIC HOUSE 574-Total R 22-03-2018 928960 Chattisgarh . 787254.23 141705.77 0 0 0 21AAMFG309411ZB G.M CERAAMIC HOUSE 575 R 22-03-2018 872550 Chattisgarh 18 739449.19 133100.85 0 0 0 21AAMFG3094J1ZB G.M CERAAMIC HOUSE 575-Total R 22-03-2018 872550 Chattisgarh . 739449.19 133100.85 0 0 0 21AAMFG3094/128 G.M CERAAMIC HOUSE 614 R 30-03-2018 691920 Chattisgarh 18 586373.02 105547.14 0 0 D 21AAMFG309411ZB G.M CERAAMIC HOUSE 614-Total R 30-03-2018 691920 Chattisgarh . 586373.02 105547.14 0 0 0 22AFKPA9959D1ZH AMIT KUMAR AGRAWAL GST/0115 R 31-03-2018 1467960 Chattisgarh 18 1244034 0 111963.06 111963.06 0 22AFKPA9959D1ZH AMIT KUMAR AGRAWAL GST/0115-Total R 31-03-2018 1467960 Chattisgarh . 1244034 0 111963.06 111963.06 0 22AFKPA9959D1ZH AMIT KUMAR AGRAWAL GST/0116 R 31-03-2018 1535765 Chattisgarh 18 1301496 0 117134.....
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....vestigation was conducted in the case of Sri Niraj Kumar Nathani, son of Sri Gouri Shankar Nathani (PAN : ABRPN5317P) in regards to information about a group led by Shri Niraj Nathani engaged in issuance of fake bills with the help of shell companies floated and maintained by the group to various parties in order to assist them claiming bogus GST input credit and deduction in Income-Tax computation. An enquiry was initiated and Note: If digitally signed, the date of digital signature may be taken as date of document. Rourkela Range, UDIT Nagar, ROURKELA, Orissa, 769012 Email: ROURKELA.DOIT [email protected], Note. The website address of the e-filing portal has been changed from www.incometaxindiaefiling.gov.in to www.incometax.gov.in 21 ITBAASTIP/14HA/2021-22/1/42111041 other statutory reports filed by the companies , and ITBA systems. From the ITRs and were incorporated during it was observed that, most of the companies the F.Y. 2017-18, 83 companies were found non-filers and the companies were also having common directors. The bank a/c.s maintained by companies operated by Shri Niraj Kumar Nthani was considerable turnover were found bank statements , m....