CIT v. Inani Marbles Pvt. Ltd.

Radhakishan Beniwal, Jaipur vs. Deputy Commissioner of Income Tax, Circle 1, 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

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…

Jewels Emporium A Legacy, Jaipur vs. ACIT, CC-1, Jaipur

In the result, the appeal of the assessee stands allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…isions of sec 145(3) of the Act are invoked, the estimation of income has to be made on best judgement, and past history is the best guide to estimate such income, as has been held by the jurisdictional high court in the case of CIT Vs. Inani Marbles (P) ltd (316 ITR 125). Further your kind attention is also invited to the judgment of Hon’ble Rajasthan High Court in the case ofKansara Bearings Pvt. Ltd. vs. ACIT reported in270 ITR 235 wherein it has been held that for the purpose of making trading addition past history of the assessee is the best guide. Reliance is also placed on: Collector Ram Sharma Vs. DCIT [I…

Deputy Commissioner of Income Tax, Central Circle-3, Jaipur vs. Naresh Kumar Gupta, Sriganganagar

In the results the appeal of the revenue stands dismissed and the

Bench: Him The Order Passed Under Section 143(3) Of The Income Tax Act, [ For Short “Act” ] By The Acit, Circle, Sri Ganganagar [

…e appellant has relied upon the following judgements in this regard:- • CIT Vs. Gotan Lime Khaniz Udyog 256 ITR 243(Raj) • Malani Ramjivan JagannathVs. ACIT 207 CTR (Raj.)19 • Kansara Bearings P. Ltd Vs. ACIT 270 ITR 235 (Raj) • CIT Vs. Inani Marbles Pvt Ltd. 316 ITR 125 (Raj.) (HC) • CIT Vs. Sh. Sindhuja Foods Pvt. Ltd. (2008) 16 DTR 278 dt. 24.10.2008(Raj.) (HC) • CIT Vs. Vaibhav Gems Ltd. (2014) 112 DTR 84 dt. 21.08.2014 (Raj) • DCIT Vs. M/s Gems Paradise ITA No.747/JP/12 order dt. 26.12.2017 Considering the facts and circumstances of the case, there is merit in the above alternate arguments of the appellant h…

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

…settled practice world. Once the Tribunal accepted the factual explanation of assessee and accordingly, deleted the additions in question made by AO in exercise of its appellate discretionary powers, then it would not involve any substantial question of law. 316 ITR 125 Inani Marbles (Raj.) That in case of profit application past year history of the assessee is best guide. 99 TTJ 164 Ajay Goyal Vs. ITO (Jd.) Accounts – Rejection – GP rate – Best guide for estimation of the trading results after rejecting the books is either the past history of the assessee or any other comparable case – The past history of the a…

Mritunjay Knowledge Consultancy Services Private Limited, Baran, Rajasthan vs. Income Tax Officer, Baran

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

Bench: Sh. Sandep Gosain & Dr. M. L. Meena

…it rate disclosed by the assessee at 1.04% is better even on double the receipts in comparison to the preceding assessment year and at par to the succeeding assessment. 7. In the case of CIT vs. Inanai Marbles P. Ltd, the Hon'ble Rajasthan High Court (2009) 316 ITR 125(Raj) has observed that assessee's own result of immediately preceding assessment year at 2.51 per cent having been accepted upto the level of Tribunal, Tribunal was justified in applying the same GP rate for the assessment year in question as against 15 per cent applied by the AO as against 2.30 per cent declared by the assessee. 8. In the pr…

Laxmikant Tak, Panchsheel Ajmer vs. DCIT Circle -2 Ajmer, Jaipur Road Ajmer

In the result, appeal of the assessee is partly allowed

…submitted that NP rate is to be applied by considering past history of the assessees . 12 Laxmikant Tak vs. DCIT The relevant decision on this issue is ITA 187/JP/2012 Shri Anuj Kr. Varshney Vs ITO & Ors Revenue Authorities CIT vs. Inani Marbles Pvt. Ltd. 316 ITR 125(Raj) Wherein it has been held that preceding year’s results constitute a good basis for working out the gross profit Kansara Bearings Pvt. Ltd. Vs ACIT 270 ITR 235 (Raj HC) lump sum trading addition has been confirmed by the ITAT. Shri Sindhuja Foods Pvt. Ltd. 16 DTR 278 (Raj) has held that where the assessee’s books of account are rejected as…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…the A.Y.2009-10 and 2010-11 widely vary from the circumstances prevailing during the year under appeal such as the price of commodity i.e. gold and market demand which are most effecting factor in this regard. Reliance is placed on the following decisions: 316 ITR 125 (2009) CIT Vs. Inani Marbles Pvt. Ltd. (Raj.) Accounting – Rejection of accounts – Application of gross profit rate – Tribunal justified in applying gross profit rate of prior year – Income Tax Act, 1961, s. 145. For the assessment year 2000-01, the Assessing Officer rejected the assessee’s books of account for valid reasons and invoked the provi…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…g the A.Y.2009-10 and 2010-11 widely vary from the circumstances prevailing during the year under appeal such as the price of commodity i.e. gold and market demand which are most effecting factor in this regard. Reliance is placed on the following decisions: 316 ITR 125 (2009) CIT Vs. Inani Marbles Pvt. Ltd. (Raj.) Accounting – Rejection of accounts – Application of gross profit rate – Tribunal justified in applying gross profit rate of prior year – Income Tax Act, 1961, s. 145. For the assessment year 2000-01 , the Assessing Officer rejected the assessee’s books of account for valid reasons and invoked the prov…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…g the A.Y.2009-10 and 2010-11 widely vary from the circumstances prevailing during the year under appeal such as the price of commodity i.e. gold and market demand which are most effecting factor in this regard. Reliance is placed on the following decisions: 316 ITR 125 (2009) CIT Vs. Inani Marbles Pvt. Ltd. (Raj.) Accounting – Rejection of accounts – Application of gross profit rate – Tribunal justified in applying gross profit rate of prior year – Income Tax Act, 1961, s. 145. For the assessment year 2000-01 , the Assessing Officer rejected the assessee’s books of account for valid reasons and invoked the prov…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…g the A.Y.2009-10 and 2010-11 widely vary from the circumstances prevailing during the year under appeal such as the price of commodity i.e. gold and market demand which are most effecting factor in this regard. Reliance is placed on the following decisions: 316 ITR 125 (2009) CIT Vs. Inani Marbles Pvt. Ltd. (Raj.) Accounting – Rejection of accounts – Application of gross profit rate – Tribunal justified in applying gross profit rate of prior year – Income Tax Act, 1961, s. 145. For the assessment year 2000-01 , the Assessing Officer rejected the assessee’s books of account for valid reasons and invoked the prov…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…the A.Y.2009-10 and 2010-11 widely vary from the circumstances prevailing during the year under appeal such as the price of commodity i.e. gold and market demand which are most effecting factor in this regard. Reliance is placed on the following decisions: 316 ITR 125 (2009) CIT Vs. Inani Marbles Pvt. Ltd. (Raj.) Accounting – Rejection of accounts – Application of gross profit rate – Tribunal justified in applying gross profit rate of prior year – Income Tax Act, 1961, s. 145. For the assessment year 2000-01, the Assessing Officer rejected the assessee’s books of account for valid reasons and invoked the provi…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

In the result, appeal of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…g the A.Y.2009-10 and 2010-11 widely vary from the circumstances prevailing during the year under appeal such as the price of commodity i.e. gold and market demand which are most effecting factor in this regard. Reliance is placed on the following decisions: 316 ITR 125 (2009) CIT Vs. Inani Marbles Pvt. Ltd. (Raj.) Accounting – Rejection of accounts – Application of gross profit rate – Tribunal justified in applying gross profit rate of prior year – Income Tax Act, 1961, s. 145. For the assessment year 2000-01 , the Assessing Officer rejected the assessee’s books of account for valid reasons and invoked the prov…