CIT(A) v. Gupta K.N. Construction Co.

371 ITR 325High Court2015#9754 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Sections most often in play

Section 142(1)Section 143(3)Section 144Section 13Section 132Section 139Section 143(1)(a)Section 143(2)

Issues it is cited on

section 145(2)sanctioning authoritysection 151(2)national faceless assessment centrelive linkborrowed satisfactionsection 145change of opinionfaceless assessmentsection 44abtangible materialregular assessment

Judgments citing CIT(A) v. Gupta K.N. Construction Co.

M/S KANAK VRINDAVAN RESORTS LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD 6(2), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 543/JPR/2025[2016-17]Status: DisposedITAT Jaipur02 Sept 2025AY 2016-17

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Tarun Mittal, CAFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT
Section 143(1)(a)Section 143(2)Section 143(3)Section 145Section 37

…owance can be made. To support this view we get strength from the decision our jurisdictional High Court in the case of Commissioner of Income-tax v. Gupta, K. N. Construction Co. [2015] 15 M/s Kanak Varindavan Resorts Ltd. vs. ITO [2015] 59taxmann.com 293/371 ITR 325 (Rajasthan) wherein the Hon'ble High Court held that; “11. Though the argument of the learned officer of the Revenue can be said to be proper and justified that in a case where the assessee manipulates the accounts by keeping the profit margins commensurate with the past assessment years or slightly increases and that itself by a large cannot be…

PRADEEP KUMAR AGRAWAL, DHAMTARI,DHAMTARI vs. INCOME TAX OFFICER, WARD-DHAMTARI, DHAMTARI

ITA 160/RPR/2024[2017-18]Status: DisposedITAT Raipur16 Jan 2025AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 158, 159 & 160/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16, 2016-17 & 2017-18)

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 143(2)Section 143(3)Section 147Section 148Section 250Section 44ASection 69

…se laws: on merits- addition cannot be made/sustained, since GP rate shown is better than the income shown/ assessed by the revenue in scrutiny assessment made u/s143(3) in past years in assessee's own case 22. Gupta KN construction Co (2015) (Raj HC) (2015) 371 ITR 325 23. Jaimal Ram Kasturi (2013) (Raj HC) (2013) 33 taxmann.com 15 / 2016 Taxmann 226 Pradeep Kumar Agrawal vs ITO, Ward- Dhamtari 9. After having heard the learned counsel for the appellant and having perused the material placed on record, we are unable to find any infirmity in the order passed by the Tribunal so as to call for interference in app…

PRADEEP KUMAR AGRAWAL, DHAMTARI,DHAMTARI vs. INCOME TAX OFFICER, WARD-DHAMTARI, DHAMTARI

ITA 159/RPR/2024[2016-17]Status: DisposedITAT Raipur16 Jan 2025AY 2016-17

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 158, 159 & 160/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16, 2016-17 & 2017-18)

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 143(2)Section 143(3)Section 147Section 148Section 250Section 44ASection 69

…se laws: on merits- addition cannot be made/sustained, since GP rate shown is better than the income shown/ assessed by the revenue in scrutiny assessment made u/s143(3) in past years in assessee's own case 22. Gupta KN construction Co (2015) (Raj HC) (2015) 371 ITR 325 23. Jaimal Ram Kasturi (2013) (Raj HC) (2013) 33 taxmann.com 15 / 2016 Taxmann 226 Pradeep Kumar Agrawal vs ITO, Ward- Dhamtari 9. After having heard the learned counsel for the appellant and having perused the material placed on record, we are unable to find any infirmity in the order passed by the Tribunal so as to call for interference in app…

PRADEEP KUMAR AGRAWAL, DHAMTARI,DHAMTARI vs. INCOME TAX OFFICER, WARD-DHAMTARI, DHAMTARI

ITA 158/RPR/2024[2015-16]Status: DisposedITAT Raipur16 Jan 2025AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 158, 159 & 160/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16, 2016-17 & 2017-18)

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 143(2)Section 143(3)Section 147Section 148Section 250Section 44ASection 69

…se laws: on merits- addition cannot be made/sustained, since GP rate shown is better than the income shown/ assessed by the revenue in scrutiny assessment made u/s143(3) in past years in assessee's own case 22. Gupta KN construction Co (2015) (Raj HC) (2015) 371 ITR 325 23. Jaimal Ram Kasturi (2013) (Raj HC) (2013) 33 taxmann.com 15 / 2016 Taxmann 226 Pradeep Kumar Agrawal vs ITO, Ward- Dhamtari 9. After having heard the learned counsel for the appellant and having perused the material placed on record, we are unable to find any infirmity in the order passed by the Tribunal so as to call for interference in app…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA vs. SHIV EDIBLES LTD., KOTA

In the result, appeal of the Revenue is dismissed

ITA 479/JPR/2019[2015-16]Status: DisposedITAT Jaipur14 Jul 2021AY 2015-16

Bench: Us.

For Appellant: Sh. Mahendra Gargieya (Adv.)For Respondent: Sh. A. S. Nehra (Addl. CIT) fu/kZkfjrh dh vksj ls@
Section 145(3)

…rts that the past history of GP declared by the assessee is reasonable and proper guidance for estimating the income. In support of his contention, he has relied upon the decision of Hon’ble Jurisdictional High Court in case of CIT vs. Gupta KN Constructions, 371 ITR 325 (Raj.) and Clarity Gold Pvt. Ltd. vs. PCIT, 102 taxmann.com 421. It was submitted that the GP rate adopted by the AO for estimation of income is very reasonable and proper. He has referred to the comparative details of GP declared by the assessee for last 3 years and submitted that if the average of the last 3 years is computed, it will be 3.03%…

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

ITA 1348/JPR/2019[2011-12]Status: DisposedITAT Jaipur24 Aug 2020AY 2011-12
For Appellant: Shri S.R. Sharma &For Respondent: Shri K.C. Gupta (JCIT)
Section 142(1)Section 143(1)Section 143(3)Section 145(3)Section 147Section 148Section 149

…f law that for estimation of the income after rejection of books of account, the average of the past history of the G.P. declared by the assessee is a proper guidance. The Hon’ble Jurisdictional High Court in the case of CIT(A) Vs. Gupta K.N. Construction Co. 371 ITR 325 as well as in the case Clarity Gold (P) ltd. Vs PCIT 102 taxmann.com 421 has held that the average of past history 37 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT by the assessee is a reasonable and proper guidance for estimation of the income of the assessee after rejection of books of account. The ld. CIT(A), though, considered th…

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

ITA 1347/JPR/2019[2010-11]Status: DisposedITAT Jaipur24 Aug 2020AY 2010-11
For Appellant: Shri S.R. Sharma &For Respondent: Shri K.C. Gupta (JCIT)
Section 142(1)Section 143(1)Section 143(3)Section 145(3)Section 147Section 148Section 149

…f law that for estimation of the income after rejection of books of account, the average of the past history of the G.P. declared by the assessee is a proper guidance. The Hon’ble Jurisdictional High Court in the case of CIT(A) Vs. Gupta K.N. Construction Co. 371 ITR 325 as well as in the case Clarity Gold (P) ltd. Vs PCIT 102 taxmann.com 421 has held that the average of past history 37 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT by the assessee is a reasonable and proper guidance for estimation of the income of the assessee after rejection of books of account. The ld. CIT(A), though, considered th…

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

ITA 1346/JPR/2019[2008-09]Status: DisposedITAT Jaipur24 Aug 2020AY 2008-09
For Appellant: Shri S.R. Sharma &For Respondent: Shri K.C. Gupta (JCIT)
Section 142(1)Section 143(1)Section 143(3)Section 145(3)Section 147Section 148Section 149

…f law that for estimation of the income after rejection of books of account, the average of the past history of the G.P. declared by the assessee is a proper guidance. The Hon’ble Jurisdictional High Court in the case of CIT(A) Vs. Gupta K.N. Construction Co. 371 ITR 325 as well as in the case Clarity Gold (P) ltd. Vs PCIT 102 taxmann.com 421 has held that the average of past history 37 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT by the assessee is a reasonable and proper guidance for estimation of the income of the assessee after rejection of books of account. The ld. CIT(A), though, considered th…

SILBURN PAPERS PVT. LTD.,DELHI vs. ITO, WARD- 23(4), NEW DELHI

In the result, the appeal filed by the assessees is partly allowed

ITA 3552/DEL/2018[2013-14]Status: DisposedITAT Delhi07 Aug 2020AY 2013-14

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2013-14 Silburn Papers Pvt. Ltd., Vs Ito, Bm-125, West Shalimar Bagh, Ward-23(4), New Delhi. New Delhi. Pan: Aapcs5300R (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Saras Kumar, Sr. Dr Date Of Hearing : 28.07.2020 Date Of Pronouncement : 07.08.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16Th March, 2018 Of The Cit(A)-28, New Delhi Relating To Assessment Year 2013-14. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Order Of The Cit(A) In Sustaining The Addition Of Rs.1,43,88,769/- As Against Addition Of Rs.1,55,39,870/- Made By The Ao By Directing The Ao To Adopt The Gp Rate Of 25% As Against 30% Taken By Him. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Wholesale Trading In Paper, Paper Board, Corrugated Board, Binding Material & Packing Material, Etc. It Filed Its Return Of Income On 4Th September

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Saras Kumar, Sr. DR
Section 131Section 133(6)Section 145(3)

…Jain, 374 ITR 545, he submitted that the Hon’ble High Court held that once the books are rejected previous year result has to be considered. 13. Referring to the decision of the Hon’ble Rajasthan High Court in the case of CIT vs. Gupta K.N. Construction Co., 371 ITR 325, he submitted that the Hon’ble High Court in the said decision has held that when the AO failed to bring on record any comparable case so as to justify any addition on account of improper system of accounting and for rejection of account books, then such addition ought to be deleted. He accordingly submitted that the estimation of GP @ 25% of the…

M/S MATAJI REALITY DEVELOPERS PVT. LTD.,BEAWAR vs. INCOME TAX OFFICER, WARD-1, BEAWAR

In the result, the appeal of the assessee is allowed for Statistical

ITA 548/JPR/2019[2013-14]Status: DisposedITAT Jaipur03 Jul 2019AY 2013-14

Bench: : Shri Ramesh C.Sharma, Am & Shri Vijay Pal Rao, Jm Vk;Dj Vihy La-@Ita No. 548/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2013-14 Cuke M/S. Mataji Reality Developers Pvt. Ltd. The Ito Vs. Mataji Towers, Mewari Bazar Ward-1 Beawar Beawar Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aahcm 1290 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By :Shri P.C. Parwal, Ca Jktlo Dh Vksj Ls@ Revenue By : Shri K.C. Sharma, Addl. Cit-Dr Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/07/2019 ?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 04/07/2019 Vkns'K@ Order Per Vijay Pal Rao, Jm This Appeal By The Assessee Is Directed Against The Order Dated 14-08-2017 Of Ld. Cit(A), Ajmer For The Assessment Year 2013-14. The Assessee Has Raised The Following Grounds: ‘’1. The Ld. Cit(A) Has Erred On Fats & In Law In Confirming The Trading Addition Of Rs. 73,49,533/- By Disallowing 25% Of Construction Expenses Of S 2,93,98,132/-.

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri K.C. Sharma, Addl. CIT-DR
Section 142(1)Section 143Section 143(2)Section 144Section 145(3)Section 44ASection 68

…should be guided by rules of justice after taking into account all the materials available as well as gathered by the AO. The ld.AR of the assessee relied on the decision of Hon'ble Jurisdictional High Court in the case of CIT vs K.N. Construction Co. (2015) 371 ITR 325. 2.5 On the other hand, the ld. DR has submitted that the assessee has not produced even the books of account before the AO but only ledger accounts were produced in support of the claim. Therefore, the claim of the assessee could not be verified from any supporting evidence. Hence, 5 M/s. Mataji Reality Developer Pvt. Ltd. vs. ITO, ward 1 , B…

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. GUPTA K.N. CONSTRUCTION CO., JAIPUR

In the result, appeal of the revenue and cross objection of the assessee are

ITA 9/JPR/2018[2013-14]Status: DisposedITAT Jaipur26 Oct 2018AY 2013-14

Bench: Or At The Time Of Hearing Of The Appeal.”

For Appellant: Shri S.L. Jain (Advocate)For Respondent: Shri Raj Mehra (JCIT) fu/kZkfjrh dh vksj ls@
Section 145(3)

…t clear that the Court will proceed with the matter as this is one of the oldest matter pending before the Jaipur Bench. However, he has sought to rely upon the decision of this Court in case of Commissioner of Income Tax vs Gupta K.N. construction Co. [2015] 371 ITR 325 (Raj.) decided on 18 August 2017 and the judgement of Tribunal dated 4th March, 2016 where the Tribunal after considering the aforesaid judgement held the net profit @ 11% is on higher side and applied net profit @ 5.5%. 7. In that view of the matter, it will not be useful for the parties to adjourn the matter. 8. Hence, in view of the above, t…