CIT v. Gupta K.N. Construction Co.

RADHAKISHAN BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

…आयकरअपीलीय अधिकरण] जयपुरन्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;djvihy la-@ITA Nos. 694 & 695/JP/2025 fu/kZkj.ko"kZ@Assessment Years : 2015-16 & 2016-17 cuke Radhakishan Beniwal DCIT Vs. Ward No. 14, Behind Kishan Hostel Cirecle-01, Krishim Mandi Road, Nagarpalika Jaipur Degana Goredi Chancha Nagaur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.:AGMPB3851A vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by :…

RADHAKISHNA BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

…आयकरअपीलीय अधिकरण] जयपुरन्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;djvihy la-@ITA Nos. 694 & 695/JP/2025 fu/kZkj.ko"kZ@Assessment Years : 2015-16 & 2016-17 cuke Radhakishan Beniwal DCIT Vs. Ward No. 14, Behind Kishan Hostel Cirecle-01, Krishim Mandi Road, Nagarpalika Jaipur Degana Goredi Chancha Nagaur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.:AGMPB3851A vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by :…

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

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

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC” JAIPUR Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ,o Jh ujsUnz dqekj] U;kf;d lnL; ds le{k BEFORE: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM vk;dj vihy la-@ITA No. 543/JP/2025 fu/kZkj.k o"kZ@Assessment Year : 2016-17 cuke M/s Kanak Vrindavan Resorts ITO, Vs. Limited Ward 6(2), 4th Floor-123, Jan Path, Shyam Jaipur Nagar, New Sanganer Road, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACK8480D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Tarun Mittal, CA…

AHLUWALIA ERECTORS AND FEBRICATIONS PVT. LTD.,KOTA vs. ACIT CIR-1 KOTA , KOTA

In the result the appeal of the assessee is partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA No. 953/JP/2024 fu/kZkj.k o"kZ@Assessment Years : 2016-17 cuke Ahluwalia Erectors & Febricators ACIT Vs. Pvt. Ltd. Circle-01, E-77, IPIA, Kota Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAHCA 0089 K vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Mahendra Gargieya, Adv. & Sh. Hemang Gargieya, Adv. jktLo…

KIRAN INFRA ENGINEERS LTD.,JAIPUR vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR

In the result, the ground is allowed for statistical purposes

Bench: or at the time of hearing of

…owever, we find that both the Id CIT(A) and the Tribunal have not gone into the issue of reasonable and proper estimate by applying average NP rate based on past history as held by the Hon'ble Jurisdictional High Court in case of CIT vs Gupta K N Construction 116 DTR 377 as well as in various other decisions wherein it has been held that the best guide in the case of fair estimation is the past history of profit rate declared by the assessee which can be applied by the Assessing Officer for estimating such profits in absence of any third party comparable. For the purposes, past one or two year results are not det…

M/S RAJ AUTO WHEELS P .LTD.,AJMER vs. JCIT, RANGE-1, AJMER

In the result, the appeal of the assessee is party allowed

…. 2.Past History-Best Guide: We may submit that past history has been held to be the best guide in the cases of fair estimation. However, the past history must be shown to be comparable with the present. Kindly refer CIT v/s Gupta K.N. Construction Co. (2015) 116 DTR 377 (Raj), Vaibhav Gems 112 DTR 84 (Raj) it was held: “Accounts-Rejection-Estimation of GP rate-While the past history becomes relevant basis in a case like this but if the AO wishes to tinker with the basis of past records, then some flaw has to be found by the AO in making some addition-Tribunal has come to a conclusion that in the immediate past a…

INCOME TAX OFFICER, WARD-1-2, AJMER vs. SHRI BHAGCHAND JAIN, AJMER

In the result, appeal of the Revenue is dismissed and the cross objection of the assessee is partly allowed

…1 Past History-Best Guide: We may submit that past history has been held to be the best guide in the cases of fair estimation. Kindly refer 17 ITA 1271/JP/2018 & CO 42/JP/2018_ ITO Vs Sh. Bhagchand Jain Kindly refer CIT v/s Gupta K.N. Construction Co. (2015) 116 DTR 377 (Raj), CIT v/s Inani Marbles 316 ITR 125 (Raj). However, it will appears that in the present case, the ld. CIT(A)has not made a fair estimation in conformity of the above settled judicial guideline. The assessee, this year declared GP rate of 2.17% on sales of Rs.9,40,65,836/- as against GP rate of 2.84% on sales of Rs.6,64,75,224/- (Refer AO Pg-…

SHRI BABU LAL GUPTA,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed for statistical purposes

…declared a G.P of 4.73% in AY 2009-10 and G.P of 4.26% in AY 2010-11 and considering the past history, the G.P of 4.47% declared for the impunged assessment year should be accepted. The Hon’ble Rajasthan High Court in case of CIT vs Gupta K.N Construction Co. 116 DTR 377 as well as other recent decisions in similar cases has held that the best guide in case of fair estimation is Shri Babu Lal Gupta, Jaipur vs. ITO, Jaipur past history of the assessee and has directed to apply last five years average for the purposes of determination of fair estimation of profits. Applying the same in the instant case, average of…

M/S PRADEEP KUMAR CONTRACTOR,JHUNJHUNU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JHUNJHUNU

In the result, the appeal filed by the assessee is allowed for statistical purposes

…an average G.P rate of 18.39% by considering the current year declared G.P of 18.15% and earlier year G.P of 18.63%. The Hon’ble Rajasthan High Court in case of 6 M/s Pradeep Kumar Contractor, Jhunjhunu vs. The ACIT, Jhunjhunu CIT vs Gupta K.N Construction Co 116 DTR 377 as well as other recent decisions in similar cases has held that the best guide in case of fair estimation is past history of the assessee and directed to apply last five years average for the purposes of determination of fair estimation of profits. Applying the same in the instant case, average of last five years G.P rate which has attained fina…

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

…ar under consideration, the G.P. rate has been declared at 4.85%. AO was unable to point out as to what are the distinguishing features in between the two assessment years. No substantial question of law arises. CIT Vs. Gupta K.N. Construction Company (2015) 116 DTR 377 (Raj.) (HC) In a case where the provisions of sec. 145(3) are invoked, either the past history of the assessee or the history of similarly situated cases has to be considered. In the instant case, the AO is absolutely silent in justifying the addition/disallowance made by him which has resulted in N.P. rate of 13.7%. Assessment order is totally…

HARBANS LAL SETHI,JAIPUR vs. ADDL. CIT, KOTA

In the result, the appeals of the assessee are partly allowed and that of the Revenue are dismissed

…er any income more than declared. 9. No fair Estimation made: 9.1 Past History-Best Guide: We may submit that past history has been held to be the best guide in the cases of fair estimation. Kindly refer Kindly refer CIT v/s Gupta K.N. Construction Co. (2015) 116 DTR 377 (Raj), Vaibhav Gems 112 DTR 84 (Raj), CIT v/s Popular Electric Co. Pvt. Ltd (1993) 203 ITR 630 14 Shri Harbans Lal Sethi vs. Addl. CIT, Range-2, Kota . (Cal), MA Rauf v/s CIT (1958) 33 ITR 843 (Pat), CIT v/s Inami Marble 316 ITR 125 (Raj) (DPB 31-32). 9.2 However, it will appear that in the present case, neither the ld. AO nor the ld. CIT(A) ha…

ACIT, KOTA vs. SHIV AGREVO LTD., BARAN

In the result, appeal of the revenue is partly allowed

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh HkkxpUn] ys[kk lnL; ,oa Jh dqy Hkkjr] U;kf;d lnL; ds le{k BEFORE: SHRI BHAGCHAND, AM AND SHRI KUL BHARAT, JM vk;dj vihy la-@ITA No. 453/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2011-12 cuke Assistant Commissioner of Income Tax M/s Shiv Agrevo Ltd., Vs. Circle-02, Kota Jahalawar Road, Kalmanda, Baran LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. AACCS7224F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya & Shri F.Rahman (Advocate) jktLo dh vksj ls@ Revenue by : Sh…

MOHD. CONST. CO.,KOTA vs. ADDL. CIT, KOTA

…submit that past history has been held to be the best guide in the cases of fair estimation. Kindly refer CIT v/s Popular Electric Co. Pvt. Ltd. (1993) 203 ITR 630 (Cal.), MA Rauf v/s CIT (1958) 33 ITR 843 (Pat.). In CIT v/s Gupta K.N. Construction Co. (2015) 116 DTR 377 (Raj.) holding that where the results of the current year are better as compared to the past year then invariably no addition to be made. Also kindly refer Vaibhav Gems 112 DTR 84 (Raj.), to the same effect. The appellant, this year declared NP rate of 10.05% as against 9.94% in the immediately preceding year i.e. A.Y. 2005-06 (before interest,…