Agrawal Motors v. ACIT

68 ITD 407Income Tax Appellate Tribunal1999#5313 most cited

What is Agrawal Motors v. ACIT authority for?

A presumption of receipt of on-money cannot be raised on the basis of documents if there is no corroborating evidence to support the allegation of on-money receipt.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

Agrawal Motors v. ACIT · 68 ITD 407 · on money receipt · corroborating evidence · presumption · loose papers · rejection of books of account · survey under section 133a · section 292c · section 132(4a)

Sections most often in play

Section 143(3)Section 142(1)Section 132Section 133ASection 147Section 153ASection 145(3)Section 132(4)

Issues it is cited on

on money receiptsection 158bcsurrender of incomehouse property incomesection 56(2)(vii)(b)tax benefitloose papersrejection of books of accounton-moneysurvey under section 133asection 292csection 132(4a)

Judgments citing Agrawal Motors v. ACIT

DCIT, CENTRAL CIRCLE 1, RAJKOT, RAJKOT vs. YAGNIK ROAD HIGHSTREET LLP, RAJKOT

Appeal of the revenue is dismissed:\n(i)Ground no

ITA 684/RJT/2024[2021-22]Status: DisposedITAT Rajkot12 Mar 2026AY 2021-22
For Appellant: Shri D.M. Rindani, Ld.ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 143(3)Section 147

…f on-money, then a\npresumption on the basis of the documents could not be raised. This was so held in Elite\nDevelopers v. DCIT [2000] 73 ITD 379 (Nagpur-Trib.), KishanchandSobhrajmal v.\nACIT [1992] 41 ITD 97 (Jaipur-Trib.) and Agrawal Motors v. ACIT [1999] 68 ITD 407\n(Jabalpur-Trib)\n3. Further, irrespective of the above stand, in Kishor Mohan LalTelwala v. Asstt. CIT\n[1999] 107 Taxman 86 (Meg.) (Ahmedabad-Trib.), evidence was unearthed about on-\nmoney received on sale of flats. The Tribunal held that what could be taxed as\nundisclosed income was a reasonable amount of profit earned by the assessee out of\…

YAGNIK ROAD HIGHSTREET LLP,RAJKOT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1,, RAJKOT

Appeal of the revenue is dismissed:\n(i)Ground no

ITA 512/RJT/2024[2021-22]Status: DisposedITAT Rajkot12 Mar 2026AY 2021-22
For Appellant: Shri D.M. Rindani, Ld.ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 143(3)Section 147

…f on-money, then a\npresumption on the basis of the documents could not be raised. This was so held in Elite\nDevelopers v. DCIT [2000] 73 ITD 379 (Nagpur-Trib.), KishanchandSobhrajmal v.\nACIT [1992] 41 ITD 97 (Jaipur-Trib.) and Agrawal Motors v. ACIT [1999] 68 ITD 407\n(Jabalpur-Trib)\n3. Further, irrespective of the above stand, in Kishor Mohan LalTelwala v. Asstt. CIT\n[1999] 107 Taxman 86 (Meg.) (Ahmedabad-Trib.), evidence was unearthed about on-\nmoney received on sale of flats. The Tribunal held that what could be taxed as\nundisclosed income was a reasonable amount of profit earned by the assessee out of\…

YAGNIK ROAD HIGHSTREET LLP,RAJKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1,, RAJKOT

Appeal of the revenue is dismissed:\n(i)Ground no

ITA 511/RJT/2024[2020-21]Status: DisposedITAT Rajkot12 Mar 2026AY 2020-21
For Appellant: Shri D.M. Rindani, Ld.ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 143(3)Section 147

…f on-money, then a\npresumption on the basis of the documents could not be raised. This was so held in Elite\nDevelopers v. DCIT [2000] 73 ITD 379 (Nagpur-Trib.), KishanchandSobhrajmal v.\nACIT [1992] 41 ITD 97 (Jaipur-Trib.) and Agrawal Motors v. ACIT [1999] 68 ITD 407\n(Jabalpur-Trib)\n3. Further, irrespective of the above stand, in Kishor Mohan LalTelwala v. Asstt. CIT\n[1999] 107 Taxman 86 (Meg.) (Ahmedabad-Trib.), evidence was unearthed about on-\nmoney received on sale of flats. The Tribunal held that what could be taxed as\nundisclosed income was a reasonable amount of profit earned by the assessee out of\…

DCIT, CENTRAL CIRCLE 1, RAJKOT, RAJKOT vs. BUILDFOLIO REALTIES LLP, RAJKOT

ITA 683/RJT/2024[2021-22]Status: DisposedITAT Rajkot11 Mar 2026AY 2021-22
Section 132Section 143(3)Section 147

…on-money, then a\npresumption on the basis of the documents could not be raised. This was so held in Elite\nDevelopers v. DCIT [2000] 73 ITD 379 (Nagpur-Trib.). Kishanchand Sobhrajmal v.\nACIT [1992] 41 ITD 97 (Jaipur-Trib.) and Agrawal Motors v. ACIT [1999] 68 ITD 407\n(Jabalpur-Trib.)\n3. Further, irrespective of the above stand, in Kishor Mohan LalTelwala v. Asstt. CIT\n[1999] 107 Taxman 86 (Meg.) (Ahmedabad-Trib.), evidence was unearthed about on-\nmoney received on sale of flats. The Tribunal held that what could be taxed as\nundisclosed income was a reasonable amount of profit earned by the assessee out of…

BUILDFOLIO REALITIES LLP,RAJKOT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1,, RAJKOT

ITA 510/RJT/2024[2022-23]Status: DisposedITAT Rajkot11 Mar 2026AY 2022-23

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No. 509 & 510/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2021-22 & 2022-23 (Hybrid Hearing) Buildfolio Realities Llp The Deputy Commissioner Of Vs Income Tax, Central-1 . Shop No. 5Gf, Business Edifice, Canal Road 37, Income Tax Office, Amruta Karanpura Corner, Rajkot Estate Building, Near Girnar Cinema, M G Road, Rajkot Rajkot-360005 Rajkot-360001 "ायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aawfb8233C (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri D.M. Rindani, Ld.ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 132Section 133ASection 143(3)Section 147

…of on-money, then a presumption on the basis of the documents could not be raised. This was so held in Elite Developers v. DCIT [2000] 73 ITD 379 (Nagpur-Trib.). Kishanchand Sobhrajmal v. ACIT [1992] 41 ITD 97 (Jaipur-Trib.) and Agrawal Motors v. ACIT [1999] 68 ITD 407 (Jabalpur-Trib.) 3. Further, irrespective of the above stand, in Kishor Mohan LalTelwala v. Asstt. CIT [1999] 107 Taxman 86 (Meg.) (Ahmedabad-Trib.), evidence was unearthed about on- money received on sale of flats. The Tribunal held that what could be taxed as undisclosed income was a reasonable amount of profit earned by the assessee out of on-…

BUILDFOLIO REALITIES LLP,RAJKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, RAJKOT

ITA 509/RJT/2024[2021-22]Status: DisposedITAT Rajkot11 Mar 2026AY 2021-22

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No. 509 & 510/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2021-22 & 2022-23 (Hybrid Hearing) Buildfolio Realities Llp The Deputy Commissioner Of Vs Income Tax, Central-1 . Shop No. 5Gf, Business Edifice, Canal Road 37, Income Tax Office, Amruta Karanpura Corner, Rajkot Estate Building, Near Girnar Cinema, M G Road, Rajkot Rajkot-360005 Rajkot-360001 "ायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aawfb8233C (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri D.M. Rindani, Ld.ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 132Section 133ASection 143(3)Section 147

…of on-money, then a presumption on the basis of the documents could not be raised. This was so held in Elite Developers v. DCIT [2000] 73 ITD 379 (Nagpur-Trib.). Kishanchand Sobhrajmal v. ACIT [1992] 41 ITD 97 (Jaipur-Trib.) and Agrawal Motors v. ACIT [1999] 68 ITD 407 (Jabalpur-Trib.) 3. Further, irrespective of the above stand, in Kishor Mohan LalTelwala v. Asstt. CIT [1999] 107 Taxman 86 (Meg.) (Ahmedabad-Trib.), evidence was unearthed about on- money received on sale of flats. The Tribunal held that what could be taxed as undisclosed income was a reasonable amount of profit earned by the assessee out of on-…

PRASHANT SONI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-7, DELHI

In the result, the appeal of the assessee is allowed

ITA 2612/DEL/2022[2015-16]Status: DisposedITAT Delhi30 Dec 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanprashant Soni, Vs. Dcit, Central Circle 7, M-50, First Floor, Delhi. Guru Harkishan Nagar, Sunder Vihar, New Delhi – 110 087. (Pan : Basps5961H) (Appellant) (Respondent) Assessee By : Shri Ankit Kumar, Advocate Revenue By : Shri Jitender Singh, Cit Dr Date Of Hearing : 17.11.2025 Date Of Order : 30.12.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-24, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 30.08.2022 For Assessment Year 2015-16. 2. At The Outset, Ld. Ar Of The Assessee Raised Legal Issue Relating To Assumption Of Jurisdiction Under Section 153C Of The Income-Tax Act, 1961 (For Short ‘The Act’) By Raising Ground Nos.1 & 2 Which Read As Under :- “1. On The Facts & Circumstances Of The Case, The Order Passed By The Ld. Ao & Impugned Order Passed By The Cit (A) Is Bad Both In The Eye Of Law & On Facts.

For Appellant: Shri Ankit Kumar, AdvocateFor Respondent: Shri Jitender Singh, CIT DR
Section 132Section 132(4)Section 153ASection 153BSection 153CSection 292C

…lion Ltd. It is relevant to state here that decoding in absence of any material is patently untenable, as has been held by the following judicial pronouncements: i) 296 ITR 619 (Del) CIT vs. Girish Chowdhary ii) 297 ITR 135 (Mad) CIT vs. A.N. Dyaneswaram iii) 68 ITD 407 (Jab) at page 427 Agrawal Motors 12. In view of the above, he submitted that since the foundational precondition has not been satisfied, it is submitted that the Assessing Officer has erred both in law and on facts in assuming jurisdiction under section 153C of the Act. He further submitted that the proceedings initiated by invoking the provision…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4, JAIPUR vs. PAWAN KUMAR JHALANI, JAIPUR

In the result, the appeal of the revenue in ITA No

ITA 966/JPR/2025[2019-20]Status: DisposedITAT Jaipur17 Nov 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Rohan Sogani, CAFor Respondent: Mrs. Anita Rinesh, JCIT
Section 132(1)Section 153CSection 4

…cted in the books of account. It is held that the total sale could not be regarded as the profit of the assessee. The net profit rate had to be adopted and once it was adopted it could not be said that there was perversity of approach. Agrawal Motors Vs ACIT 68 ITD 407 (Jab) 17 ITA Nos. 966/JP/2025 & CO No. 25/JP/2025 ACIT vs. Pawan Kumar Jhalani Addition can be made only of G.P/N.P. on suppressed sales and not entire sale price itself made only of G.P/N.P. on suppre NCOME TAX DEPARTMEN ITO V. Gurubachan Singh J. Juneja 216 ITR 99 (AT) (Ahd-trib) (TM) It was held that value of the cash sales can't be added t…

ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT vs. SURESH JEWELLERS, SHAKUNTLA PALACE

ITA 246/PAT/2023[2017-18]Status: DisposedITAT Patna26 Aug 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं No.244/Pat/2023 (नििाारणवर्ा / Assessment Year :2017-2018) Acit, Central Circle-3, Patna Vs Sachchu Prasad, Kasap, Udwant Nagar, Bhojpur Bihar-802206 Pan No. :Ajspp 8058 Q & आयकर अपील सं No.245/Pat/2023 (नििाारणवर्ा / Assessment Year : 2017-2018) Acit, Central Circle-3, Patna Vs Suresh Prasad, Udwant Nagar, Kasap Bihar-802206 Pan No. :Ajspp 8056 A & आयकर अपील सं No.246/Pat/2023 (नििाारणवर्ा / Assessment Year : 2017-2018) Acit, Central Circle-3, Patna Vs Suresh Jewellers, Shakuntla Palace, Bakarganj, Patna, Bihar-800004 Pan No. :Adhfs 5624 G (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) .. नििााररतीकीओरसे /Assessee By : Shri Devesh Poddar, Advocate राजस्वकीओरसे /Revenue By : Shrirajat Datta, Cit-Dr सुनवाईकीतारीख/ Date Of Hearing : 28/07/2025 घोषणाकीतारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Revenue Against Three Different Assessees Against The Separate Orders Of The Id.Cit(A), Patna-3,All Dated 31.05.2023For The Assessment Year 2017-2018. 2

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: ShriRajat Datta, CIT-DR
Section 133ASection 142(1)Section 153A

…ments:- 1. CIT vs President Industries Ltd. (2002) 258 ITR 654 (Guj) 2. CIT vs BalchandAjit Kumar (2003) 263 ITR 610 (MP) 3. Man Mohan Sadani vs CIT (2008) 304 ITR 52 4. Kishore Mohanlal Telwala vs ACIT (1999) 64 ITJ 543 (Ahd) 5. Agarwal Motors vs ACIT (1999) 68 ITD 407 (Jab) In all the above cited authorities the accounting principle has been reiterated that it is the net profit contained in the unrecorded sales that has to be added not the goods sales. 6 ITA No.244-246/PAT/2023 I have gone through the facts of the case. On the basis of evidence submitted before the AO, undeniably the tax of net profit on the u…

ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT vs. SURESH PRASAD, BHOJPUR

ITA 245/PAT/2023[2017-18]Status: DisposedITAT Patna26 Aug 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं No.244/Pat/2023 (नििाारणवर्ा / Assessment Year :2017-2018) Acit, Central Circle-3, Patna Vs Sachchu Prasad, Kasap, Udwant Nagar, Bhojpur Bihar-802206 Pan No. :Ajspp 8058 Q & आयकर अपील सं No.245/Pat/2023 (नििाारणवर्ा / Assessment Year : 2017-2018) Acit, Central Circle-3, Patna Vs Suresh Prasad, Udwant Nagar, Kasap Bihar-802206 Pan No. :Ajspp 8056 A & आयकर अपील सं No.246/Pat/2023 (नििाारणवर्ा / Assessment Year : 2017-2018) Acit, Central Circle-3, Patna Vs Suresh Jewellers, Shakuntla Palace, Bakarganj, Patna, Bihar-800004 Pan No. :Adhfs 5624 G (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) .. नििााररतीकीओरसे /Assessee By : Shri Devesh Poddar, Advocate राजस्वकीओरसे /Revenue By : Shrirajat Datta, Cit-Dr सुनवाईकीतारीख/ Date Of Hearing : 28/07/2025 घोषणाकीतारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Revenue Against Three Different Assessees Against The Separate Orders Of The Id.Cit(A), Patna-3,All Dated 31.05.2023For The Assessment Year 2017-2018. 2

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: ShriRajat Datta, CIT-DR
Section 133ASection 142(1)Section 153A

…ments:- 1. CIT vs President Industries Ltd. (2002) 258 ITR 654 (Guj) 2. CIT vs BalchandAjit Kumar (2003) 263 ITR 610 (MP) 3. Man Mohan Sadani vs CIT (2008) 304 ITR 52 4. Kishore Mohanlal Telwala vs ACIT (1999) 64 ITJ 543 (Ahd) 5. Agarwal Motors vs ACIT (1999) 68 ITD 407 (Jab) In all the above cited authorities the accounting principle has been reiterated that it is the net profit contained in the unrecorded sales that has to be added not the goods sales. 6 ITA No.244-246/PAT/2023 I have gone through the facts of the case. On the basis of evidence submitted before the AO, undeniably the tax of net profit on the u…

ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT vs. SACHCHU PRASAD, BHOJPUR

ITA 244/PAT/2023[2017]Status: DisposedITAT Patna26 Aug 2025

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं No.244/Pat/2023 (नििाारणवर्ा / Assessment Year :2017-2018) Acit, Central Circle-3, Patna Vs Sachchu Prasad, Kasap, Udwant Nagar, Bhojpur Bihar-802206 Pan No. :Ajspp 8058 Q & आयकर अपील सं No.245/Pat/2023 (नििाारणवर्ा / Assessment Year : 2017-2018) Acit, Central Circle-3, Patna Vs Suresh Prasad, Udwant Nagar, Kasap Bihar-802206 Pan No. :Ajspp 8056 A & आयकर अपील सं No.246/Pat/2023 (नििाारणवर्ा / Assessment Year : 2017-2018) Acit, Central Circle-3, Patna Vs Suresh Jewellers, Shakuntla Palace, Bakarganj, Patna, Bihar-800004 Pan No. :Adhfs 5624 G (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) .. नििााररतीकीओरसे /Assessee By : Shri Devesh Poddar, Advocate राजस्वकीओरसे /Revenue By : Shrirajat Datta, Cit-Dr सुनवाईकीतारीख/ Date Of Hearing : 28/07/2025 घोषणाकीतारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Bench: These Are The Appeals Filed By The Revenue Against Three Different Assessees Against The Separate Orders Of The Id.Cit(A), Patna-3,All Dated 31.05.2023For The Assessment Year 2017-2018. 2

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: ShriRajat Datta, CIT-DR
Section 133ASection 142(1)Section 153A

…ments:- 1. CIT vs President Industries Ltd. (2002) 258 ITR 654 (Guj) 2. CIT vs BalchandAjit Kumar (2003) 263 ITR 610 (MP) 3. Man Mohan Sadani vs CIT (2008) 304 ITR 52 4. Kishore Mohanlal Telwala vs ACIT (1999) 64 ITJ 543 (Ahd) 5. Agarwal Motors vs ACIT (1999) 68 ITD 407 (Jab) In all the above cited authorities the accounting principle has been reiterated that it is the net profit contained in the unrecorded sales that has to be added not the goods sales. 6 ITA No.244-246/PAT/2023 I have gone through the facts of the case. On the basis of evidence submitted before the AO, undeniably the tax of net profit on the u…

ACIT, CENTRAL CIRCLE, ALWAR vs. SH. TARA CHAND GUPTA, ALWAR

In the result the appeal filed by the revenue in ITA no

ITA 514/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम ACIT, Vs. Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Kesh

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…ellate authority. On appeal, it is held that the total sale could not be regarded as the profit of the assessee. The net profit rate had to be adopted and once it was adopted it could not be said that there was perversity of approach. Agrawal Motors Vs. ACIT 68 ITD 407 (Jab) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. ITO Vs. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd.) (Trib.) (TM) It was held that value of the cash sales can’t be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit ra…

SH. TARACHAND GUPTA,ALWAR vs. ACIT, CENTRAL CIRCLE, ALWAR, ALWAR

In the result the appeal filed by the revenue in ITA no

ITA 449/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम Vs. ACIT, Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Ke

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…ellate authority. On appeal, it is held that the total sale could not be regarded as the profit of the assessee. The net profit rate had to be adopted and once it was adopted it could not be said that there was perversity of approach. Agrawal Motors Vs. ACIT 68 ITD 407 (Jab) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. ITO Vs. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd.) (Trib.) (TM) It was held that value of the cash sales can’t be added to the total income as there was no material on record that assessee made investment to make unaccounted sales. Gross profit ra…

SH. TARACHAND GUPTA,ALWAR vs. ACIT, CENTRAL CIRCLE, ALWAR, ALWAR

In the result the appeal filed by the revenue in ITA no

ITA 447/JPR/2024[2015-16]Status: DisposedITAT Jaipur10 Mar 2025AY 2015-16
For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 143(3)Section 68Section 69C

…ate authority. On appeal, it is held that the total sale could not be\nregarded as the profit of the assessee. The net profit rate had to be\nadopted and once it was adopted it could not be said that there was\nperversity of approach.\nAgrawal Motors Vs. ACIT 68 ITD 407 (Jab)\nAddition can be made only of G.P./N.P. on suppressed sales and not\nentire sale price itself.\nITO Vs. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd.) (Trib.) (TM)\nIt was held that value of the cash sales can't be added to the total\nincome as there was no material on record that assessee made\ninvestment to make unaccounted sales. Gross prof…

ACIT, CENTRAL CIRCLE, ALWAR vs. SHRI BABU LAL DATA, 2015-16

In the result, appeal of the revenue is dismissed

ITA 1232/JPR/2019[2016-17]Status: DisposedITAT Jaipur05 May 2022AY 2016-17
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…ibunal that only the gross profit on the said amount can be brought to tax does not call for any interference. The Tribunal was, therefore, justified in deleting the addition of Rs. 10,85,003 made on account of unaccounted cash sales." Agrawal Motors Vs ACIT 68 ITD 407 (Jab.), Abhishek Corporation Vs. DCIT 63 TTJ 651 (Ahd.) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. The principles laid down in these cases are equally applicable in case of assessee and therefore, the Ld. CIT(A) has rightly held that sales as such cannot be taxed as income. 2. The Ld. CIT(A) afte…

ACIT, CENTRAL CIRCLE, ALWAR vs. SHRI BABU LAL DATA, 2015-16

In the result, appeal of the revenue is dismissed

ITA 1231/JPR/2019[2015-16]Status: DisposedITAT Jaipur05 May 2022AY 2015-16
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…ibunal that only the gross profit on the said amount can be brought to tax does not call for any interference. The Tribunal was, therefore, justified in deleting the addition of Rs. 10,85,003 made on account of unaccounted cash sales." Agrawal Motors Vs ACIT 68 ITD 407 (Jab.), Abhishek Corporation Vs. DCIT 63 TTJ 651 (Ahd.) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. The principles laid down in these cases are equally applicable in case of assessee and therefore, the Ld. CIT(A) has rightly held that sales as such cannot be taxed as income. 2. The Ld. CIT(A) afte…

SHRI BABU LAL DATA,ALWAR vs. DCIT, CENTRAL CIRCLE, ALWAR

In the result, appeal of the revenue is dismissed

ITA 1223/JPR/2019[2016-17]Status: DisposedITAT Jaipur05 May 2022AY 2016-17
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…ibunal that only the gross profit on the said amount can be brought to tax does not call for any interference. The Tribunal was, therefore, justified in deleting the addition of Rs. 10,85,003 made on account of unaccounted cash sales." Agrawal Motors Vs ACIT 68 ITD 407 (Jab.), Abhishek Corporation Vs. DCIT 63 TTJ 651 (Ahd.) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. The principles laid down in these cases are equally applicable in case of assessee and therefore, the Ld. CIT(A) has rightly held that sales as such cannot be taxed as income. 2. The Ld. CIT(A) afte…

SHRI BABU LAL DATA,ALWAR vs. DCIT, CENTRAL CIRCLE, ALWAR

In the result, appeal of the revenue is dismissed

ITA 1222/JPR/2019[2015-16]Status: DisposedITAT Jaipur05 May 2022AY 2015-16
For Appellant: Sh. P. C. Parwal, CAFor Respondent: S. Naiyer Ali Najmi, CIT
Section 127Section 132Section 139Section 153A

…ibunal that only the gross profit on the said amount can be brought to tax does not call for any interference. The Tribunal was, therefore, justified in deleting the addition of Rs. 10,85,003 made on account of unaccounted cash sales." Agrawal Motors Vs ACIT 68 ITD 407 (Jab.), Abhishek Corporation Vs. DCIT 63 TTJ 651 (Ahd.) Addition can be made only of G.P./N.P. on suppressed sales and not entire sale price itself. The principles laid down in these cases are equally applicable in case of assessee and therefore, the Ld. CIT(A) has rightly held that sales as such cannot be taxed as income. 2. The Ld. CIT(A) afte…

ACIT, KOTA vs. KAIZEN ENTERPRISES PVT. LTD, KOTA

In the result, the appeal of the Revenue and the cross-objection of the assessee is allowed for statistical purposes

ITA 1042/JPR/2016[2013-14]Status: DisposedITAT Jaipur18 Jan 2019AY 2013-14
For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 143(3)Section 153A

…) • ITO Vs. Anand Builders 265 ITR 37 (St.) (SC) • Abhishek Corporation Vs. DCIT 63 TTJ 651 (Ahd.) • CIT Vs. President Industries 258 ITR 654 (Guj.) • Mohan SadhaniVs. CIT 304 ITR 52 (MP) • CIT Vs. Balchand Ajit Kumar 263 ITR 610 (MP) • Agrawal Motors Vs ACIT 68 ITD 407 (Jab) • ITO V. Gurubachan Singh J. Juneja 216 ITR 99 (Ahd) The principles laid down in these cases are equally applicable in case of assessee and therefore, the Ld. CIT(A) has rightly held that the on- money receipt as such cannot be taxed as income but only a reasonable g.p. rate on such receipt can be assed to tax. Hence, the order of Ld. CIT(A…

M/S STEEL CITY FOOD PRODUCTS PVT LTD.,JAMSHEDPUR vs. ACIT, CIRCLE-3, JAMSHEDPUR

In the result, the appeal of the assessee in ITA No

ITA 183/RAN/2015[2007-08]Status: DisposedITAT Ranchi28 Feb 2018AY 2007-08
For Appellant: Shri Devesh Poddar, Advocate, ld.ARFor Respondent: Shri P.K. Mondal, JCIT, ld.DR
Section 133A

…e impugned issue. In support of the contention, the assessee has also placed its reliance on the decision of the Hon’ble Supreme Court in the cases CIT (Central) Vs. Daulatram Rawatmull reported in 53 ITR 574 as well as M/s. Agarwal Motors Vs. ACT reported in 68 ITD 407. We find that the AO examined the books of account as available before him and made additions only on the statement said to have been given by the director to pay tax thereon on unaccounted purchase and sale. We find that the issue in hand was dealt in the assessment proceedings in detail by the AO as well as in the remand proceedings. Relevant po…

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Agrawal Motors v. ACIT (68 ITD 407) — Cited in 22 Judgments | BharatTax