Ashok Kumar Banthia, Bikaner vs. DCIT, Central Circle, Bikaner
Appeal of the assessee is allowed
ITA 297/JODH/2019[2012-13]Status: DisposedITAT Jodhpur02 Sept 2021AY 2012-13
Bench: Shri Sandeep Gosain & Shri Vikram Singh Yadavashok Kumar Banthia, Vs. D.C.I.T., Kumharon Ka Mohalla, Central Circle, Gangashahar, Bikaner. Bikaner. Pan No. Aixpb 4919 N Assessee By Shri Suresh Ojha, Adv. & Shri Sudarshan Jhabak, Ca. Revenue By Smt. Sanchita Kumar, Cit-Dr Date Of Hearing 12/08/2021 Date Of Pronouncement 06/09/2021 O R D E R Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Ld. Cit(A)-Iv, Jaipur Dated 07/09/2019 For The A.Y. 2012-13 Wherein Following Grounds Have Been Taken By The Assessee: “1. That The Order Passed By The Assessing Authority & Sustained By The Commissioner Of Income Tax (Appeals) Is Illegal & Against The Law. 2. That The Order Is Illegal In View Of The Fact That The Commissioner Of Income Tax (Appeals) As Well As The Assessing Authority Fails To Cross Examine The Deponent Of The Affidavits Submitted Before The Assessing Officer. In View Of Judgment Of Hon’Ble Supreme Court Delivered In The Case Of M/S Mehta Parekha & Co., The Contents Of The Affidavit Should Have Been Accepted. 3. That The Assessment Completed In The Hands Of The Assessee Is Not Justified Because The Amount Belongs To M/S Lux Industries Limited As Admitted By The Director Of The Company. Therefore, The Assessment Is Illegal.
For Appellant: “1. That the
Section 132Section 143(3)
…Labh Chand Bohra Vs ITO 219 CTR 571 (Raj), Shrikumar Vs ITO 36 TTJ 538, Smt. Savitri Devi Vs ITO 11 ITD 422 Delhi, CTO Vs Kewal Ram Sumnomal Cavanduspur 92 STC 629 (Raj), ITO Vs Vardhaman Industries 99 TTJ 509 (Jodh ITAT), ACTO Vs Kishore Shyam Brajesh Kumar 93 STC 213 (Raj), Indo Malwa United Mill Limiked Vs State of MP 60 ITR 41 (SC), Late Mangilal Agarwal Vs ACIT 208 CTR 159 (Raj), CIT Vs Daulat Ram Rawat Mull 87 ITR 349 and Union of India Vs Kamalaxmi Finance Corporation 92 Taxmann 43. Considering the totality of facts and circumstances of the case, 19 ITA 297/Jodh/2019 Ashok Kr. Banthia vs DCIT we are of t…
