M/S KUBER AGRICOM INDIA PVT. LTD.,KOTA V. ITO, WARD-2(1), KOTA, KOTA

ITA 1547/JPR/2024

AI Insights

The case involves Kuber Agricom (India) Private Limited, which appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, concerning additions made to their income under sections 69A and 148 of the Income Tax Act, 1961. The additions were based on allegations of bogus purchases amounting to Rs. 51,14,523 from a known bogus entity. The NFAC dismissed the initial appeal due to non-compliance with procedural requirements, specifically the failure to respond to notices. Subsequently, the assessee decided to withdraw the appeal following the decision to settle under the Direct Tax Vivad Se Vishwas Scheme, 2024.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 23943 (ITAT-JAIPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2019-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAUTAM SINGH CHOUDHARY
• Assessee Lawyers: P.C. PARWAL; LD
• Keywords: Bogus purchase; Bogus
• Section: 148; 250; 69A

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH “SMC”, JAIPUR BEFORE SHRI GAGAN GOYAL, ACCOUNTANT MEMBER AND SHRI NARINDER KUMAR, JUDICIAL MEMBER ITA No. 1547(A.Y. 2019-20)/JPR/2024 Kuber Agricom (India) Private Limited, C-216, Bhamashah Mandi 324007 PAN No. AAECK7723R ...... Appellant Vs. ITO, Ward 2(1), Kota …...Respondent Appellant by : Mr. P. C. Parwal, CA, Ld. AR Respondent by : Mr. Gautam Singh Choudhary, Addl. CIT, Ld. DR Date of hearing : 26/02/2025 Date of pronouncement : 13/03/2025 O R D E R PER GAGAN GOYAL, A.M: This appeal by assessee is directed against the order of NFAC, Delhi dated 17.12.2024 passed u/s. 250 of the Income Tax Act, 1961 (in short ‘the Act’). The assessee has raised the following grounds of appeal: - 1. The Ld. CIT(A), NFAC has erred on facts and in law in not providing adequate opportunity of hearing before deciding the appeal in as much as all the 3 notices were 2 issued in the month of August, 2024 which could not be responded as these notices did not came to the notice of assessee and thereafter no further notice was issued. 2. The Ld. CIT (A), NFAC has erred on facts and in law in not deciding the appeal on merits. 3. The assessee craves to amend, alter and modify any of the grounds of appeal. 4. The appropriate cost be awarded to the assessee.” 2. The brief facts of the case are that the assessee company filed its return of income on 30.09.2019 declaring total income at Rs. 8,03,480/-. Information was there. As per the information available on insight portal, a high risk CRIU/VRU information received on the basis of search action carried out on 31.10.2018 in the case of some Mr. Sumit Jindal, it is found that the assessee has taken accommodation entry in the form of bogus bills of purchase without actual supply of goods of Rs. 51,14,523/- from M/s. Mool Chand Shivam Kumar, which is one of the bogus entities through which Mr. Sumit Jindal had provided bogus bills without actual supply of goods services. In consequence to this order u/s. 148A (d) and notice u/s. 148 of the Act was issued on 30.03.2023. After thorough deliberations between the assessee and the AO, case of the assessee was assessed after addition u/s. 69A of the Act amounting to Rs. 12, 78,630/- on account of bogus purchase and Rs. 1, 02,290/- on account of commission thereon. The assessee being aggrieved with the same preferred an appeal before the Ld. CIT(A), who in turn dismissed the appeal of the assessee on the ground of non- compliance on designated dates as described in para 4 of the appeal order. The assessee being further aggrieved preferred the present appeal before us. 3 3. We have gone through the order of the AO, order of the Ld. CIT (A) and submissions of the assessee alongwith the latest application of the assessee vide dated: 01.02.2025 in which the assessee has requested for withdrawal of the appeal, as the assessee has opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2024. To support his application, the assessee also filed copy of Form No. 2, issued by the Ld. PCIT, Udaipur. 4. In view of the above request of the assessee is allowed and consequentially appeal is treated to be dismissed as withdrawn. 5. In the result, appeal of the assessee is dismissed as the same has been withdrawn. Order is pronounced in the open court on the 13th Day of March 2025. Sd/- Sd/- (NARINDER KUMAR) (GAGAN GOYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Jaipur, िदनांक/Dated: 13/03/2025 Copy of the Order forwarded to: 1. अपीलाथ\r/The Appellant , 2. \u000eितवादी/ The Respondent. 3. आयकर आयु\u0015 CIT 4. िवभागीय \u000eितिनिध, आय.अपी.अिध., Sr.DR., ITAT, 5. गाड\u001e फाइल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar) ITAT, Jaipur 4 Details Date Initials Designation 1 Draft dictated on PC on 13.03.2025 Sr.PS/PS 2 Draft Placed before author 13.03.2025 Sr.PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member JM/AM 5. Approved Draft comes to the Sr.PS/PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS/PS 7. File sent to the Bench Clerk Sr.PS/PS 8 Date on which the file goes to the Head clerk 9 Date of Dispatch of order "