ACIT v. Mangaldeep

211 DTR 7Reported decision2022#23613 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,615 Indian tax judgments — from 2023 to 2023.

Issues it is cited on

section 133a section 115bbe income from other sources undisclosed income section 69a section 69 section 68 total income business

Judgments citing ACIT v. Mangaldeep

Sh. Sanjay Gupta, Prop. M/S Hardik Jewellers, in Front of Arya Samaj Mandir, Bajaja Bazar, Alwar vs. ACIT, Circle-1, Alwar

In the result, the appeal of the assessee is allowed

ITA 292/JPR/2023[2015-16]Status: DisposedITAT Jaipur17 Jul 2023AY 2015-16

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Anoop Singh, Addl. CIT

Section 115BSection 133ASection 143(3)Section 154

…out that the excess stock has any nexus with any other receipts. Therefore, we do not find any fault with the decision of the ld. CIT (A) directing the AO to treat the surrendered amount as excess stock qua the excess stock found.” ACIT Vs. Mangaldeep (2022) 211 DTR 7 (Surat) (Trib.) (Case laws compilation PB 20-30) In view of the fact that assessee is engaged only in the business of trading of cloth, the unaccounted stock found during the survey is related to its business and therefore, the undisclosed income declared during the survey is assessable under the head 'Business income' and not u/s 69A. 4. In view…

Late Sh. Vijay Kumar Johari (Through L/H Smt. Hema Johari, Sh. Vaibhav Johari & Sh. Varun Johari), 63, Om Nivas, Masjid Wali Gali, 22 Godam, Jaipur vs. ACIT, Circle-2, Jaipur

In the result, appeal of the assessee is allowed

ITA 241/JPR/2022[2017-18]Status: DisposedITAT Jaipur04 May 2023AY 2017-18

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri P.C. Parwal, C.AFor Respondent: Ms Monisha Choudhary (Addl.CIT)

Section 115BSection 133ASection 143(1)Section 69

…f a taxing provision are possible, then the construction which favours the assessee must be adopted. 5. In various cases similar issue has been decided in favour of the assessee for which reliance isplaced on the following cases:- ACIT Vs. Mangaldeep (2022) 211 DTR 7 (Surat) (Trib.) (PB 26- 36) In view of the fact that assessee is engaged only in the business of trading of cloth, the unaccounted stock found during the survey is related to its business and therefore, the undisclosed income declared 8 Late Shri Vijay Kumar Johari, Jaipur. during the survey is assessable under the head 'Business income' and not…

ACIT, Central Circle-Alwar, Alwar vs. Satya Dev Arya, Bharatpur

In the result, the appeal of the Revenue is partly allowed and the C

ITA 421/JPR/2022[2018-19]Status: DisposedITAT Jaipur29 Mar 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA. No. 421/JP/2022 fu/kZkj.ko"kZ@AssessmentYears :2018-19 The ACIT Central Circle Alwar cuke Vs. Shri Satya Dev Arya Prop. M/s. Arya Showroom Ganga Mandir, Bharatpur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AALHS 3826 D vihykFkhZ@Appellant izR;FkhZ@Respondent C.O. No. 01/JP/2023 (Arising out of vk;djvihy la-@ITA. No. 421/JP/2022) fu/kZkj.ko"kZ@AssessmentYears :2018-19 Shri Satya Dev Arya Prop. M/s.

For Appellant: Shri P.C. Agarwal, CA aFor Respondent: ShriAjey Malik, CIT-DR fu/kZkfjrh dh vksj ls@

Section 69Section 69A

…be assessed under the head profits & gains of business which is not any income in the nature of section 69 or 69A of the Act so as to attract section 115BBE of the Act. To this effect, the ld. AR relied uponfollowing decisions:- 1. CIT VS. Mangaldeep (2022) 211 DTR 7 (Surat) (Trib.) In view of the fact that assessee is engaged only in the business of trading of cloth, the unaccounted stock found during the survey is related to its business and therefore, the undisclosed income declared during the survey is assessable under the head 'Business income and not u/s 69A.. 2. ACIT Vs. Vijay Kumar Surana and Rajendra K…