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आयकर अपीलीय अिधकरण (cid:13)य(cid:14)य पीठ मुंबई म(cid:21)(cid:22)

IN THE INCOME TAX APPELLATE TRIBUNAL

“D” BENCH, MUMBAI

BEFORE SHRI AMIT SHUKLA, JM

&

SHRI ARUN KHODPIA, AM

I.T.A. No. 6515/Mum/2025

(Assessment Year: 2010–11)

R Suresh & Co. ACIT- 19(3), Mumbai

EC-4091/92, Bharat Diamond Kautilya Bhavan, Avenue 3, near

Bourse, Bandra Kurla Complex, Videsh Bhavan, G Block BKC,

Vs.

Bandra (East), S.O., Mumbai- Gilban Area, Bandra Kurla

400051 Complex, Bandra East, Surat,

PAN: AACFR2813E Gujarat- 400051

Assessee -(cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7) / Appellant Revenue - (cid:8)(cid:9)(cid:10)(cid:6)(cid:7) / Respondent

:

Assessee by : Shri. Rashesh Shah

Revenue by : Shri Annavaran Kosuri, Sr. AR

Date of Hearing 17.12.2025

:

Date of Pronouncement : 30.12.2025

O R D E R

Per Arun Khodpia, AM:

The captioned appeal is filed by the assessee, directed against the order

of Commissioner of income tax appeals (for short “ld. CIT(A)”), NFAC, New

Delhi dated 08.09.2025, for the assessment year (AY) 2010-11, which in turn

arises from the assessment order dated 30.12.2017 passed by Assistant

Commissioner of Income Tax, Circle-19(3), Mumbai (for short “Ld. AO”))

under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (for Short “The

Act”).

ITA No. 6515/Mum/2025

R Suresh & Co.

2. The grounds of appeal raised by the assessee in the present appeal reads

as under:

“1. On the facts and circumstances of the case as well as law on the subject, the

Ld. CIT(A) has erred in confirming the action of assessing officer in re-opening

assessment u/s 147 by Issuing notice u/s. 148 of the Income Tax Act, 1961.

2. On the facts and circumstances of the case as well as law on the subject, the

Ld. CIT(A) has erred in making wrong observation that the assessee has filed

additional evidence and not attended assessment proceedings when no additional

evidence were filed and assessee attended assessment proceedings.

3. On the facts and circumstances of the case as well as law on the subject, the

Ld. CIT(A) has erred in confirming the action of assessing officer in making

addition of Rs. 2,01,62,146/- on account of bogus purchases.

4. It is therefore prayed that the assessment please may be quashed and/or the

case may be set-aside to the file of CIT(A).

5. Appellant craves leave to add, alter or delete any ground(s) either before or in

the course of hearing of the appeal.”

3. Brief Facts: as per, a search and survey action carried out by the DGIT

(investigation), Mumbai, in the case of Shri Rajendra Jain Group on

03.10.2013, it is found that the said Group was engaged in providing of

accommodation entries in the form of purchase and sale of materials and bogus

unsecured loans to various beneficiaries. It is observed by the AO that as per

records of the group for the year under consideration, the modus operandi

adopted was revealed. It is further noted that the assessee was also a beneficiary

of accommodation entries (bills) from the following parties:

Sl. No. Name of the hawala the parties Bill amount

1 AADI 30,62,165/-

2 KALASH 81,60,516/-

2

ITA No. 6515/Mum/2025

R Suresh & Co.

3 KANGAN 90,815/-

4 MANIPRABHA 5,59,093/-

5 SPARSH 82,89,557/-

Total 2,01,62,146/-

4. In view of the aforesaid facts and circumstances, the case of assessee was

reopened as per provisions of section 147. In response, the assessee through its

counsel have furnished necessary replies, the matter has been discussed

accordingly. During the course of assessment, the assessee was asked to

substantiate the alleged transactions of purchase with impugned activities and

show caused as to why the said transactions be not treated as bogus

transactions, the books maintained by the assessee should not be considered as

manipulated and unreliable, thus the book results should not be rejected under

section 145(3) of the Act. Ld. AO also described the entire facts about the

Rajendra Jain group including admission of Shri Rajendra Jain to have provided

accommodation entries to various entities. In response, the assessee produced

books of accou